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UNITED STATES v. STATE OF NEW MEXICO

No. 77-1309.

590 F.2d 323 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. The STATE OF NEW MEXICO, and Carlos L. Jaramillo, Director, Department of Alcoholic Beverage Control, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., and Steve E. Carroll, Land and Natural Resources Division, Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Don Klein, Asst. Atty. Gen., Santa Fe, N. M. (Toney Anaya, Atty. Gen. of N. M., and Thomas L. Dunigan, Deputy Atty. Gen., Santa Fe, N. M., on the brief), for defendants-appellants.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and STANLEY, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal by the State of New Mexico from a declaratory judgment entered by the United States District Court for the District of New Mexico, January 31, 1977. In essence it ruled that the Mescalero Apache Tribe was not subject to the liquor licensing authority of the State of New Mexico with respect to liquor outlets located within the exterior boundaries of the Mescalero Apache Reservation...

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