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DILLON v. STATE OF MONT.

Nos. 78-3422, 78-3495.

634 F.2d 463 (1980)

Dewitt DILLON et al., Plaintiffs, Appellees, Cross-Appellants, v. The STATE of MONTANA et al., Defendants, Appellants, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Thomas J. Lynaugh, Lynaugh, Fitzgerald, Schoppert, Skaggs & Essman, Billings, Mont., for Dillon.

Susan Stratman, Missoula, Mont., on brief; Deirdre Boggs, Sp. Asst. Atty. Gen., Missoula, Mont., for State of Mont.

Before ANDERSON and POOLE, Circuit Judges, and WOLLENBERG, District Judge.

POOLE, Circuit Judge:

The State of Montana appeals a district court judgment which declared American Indians (Indians) residing on the federally recognized Crow Indian Reservation (Reservation) exempt from Montana's personal income tax, enjoined collection, and ordered refunds of taxes paid. The court denied exemption status to those Indians whose incomes were earned on the Reservation but who resided elsewhere and they cross...

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