WHITE MOUNTAIN APACHE TRIBE v. BRACKER

No. 1 CA-CIV 3226.

120 Ariz. 282 (1978)

585 P.2d 891

WHITE MOUNTAIN APACHE TRIBE, an Indian tribe established pursuant to Executive Order, E.H. Loveness Lumber Sales Co., an Oregon Corporation d/b/a Pinetop Logging Company, qualified to do business in the State of Arizona, Basin Building Materials Company, an Oregon Corporation d/b/a Pinetop Logging Company, qualified to do business in the State of Arizona, Appellants, v. Robert M. BRACKER, Chairman of the Arizona Department of Transportation Board, Armand Ortega, Vice Chairman of the Arizona Department of Transportation Board, Edward J. McCarthy, Ralph A. Watkins, Jr., John W. McLaughlin, John Houston, William A. Erdmann, Robert M. Bracker and Armand Ortega, members of the Board, Arizona Department of Transportation, and William A. Ordway, Director, Arizona Department of Transportation, and Philip Thorneycroft, Assistant Director, Arizona Department of Transportation, Motor Vehicle Division, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 28, 1978.

Review Denied October 3, 1978.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Neil Vincent Wake, Leo R. Beus, Phoenix, for appellants.

Bruce E. Babbitt, Atty. Gen., by Donald O. Loeb, Michael M. Grant, Asst. Attys. Gen., Phoenix, for appellees.


OPINION

JACOBSON, Judge.

This appeal involves the right of the State of Arizona to collect taxes from a non-Indian private carrier on gross receipts derived from its travel over Indian tribal roadways and a diesel fuel "use tax" expended from travel over these same roadways.

Appellants, E.H. Loveness Lumber Sales and Basin Building Materials Company, both Oregon corporations, are authorized to do business in Arizona as Pinetop Logging Company (Pinetop...

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