TRANS-CANADA ENTER. v. MUCKLESHOOT, ETC.

No. 78-3597.

634 F.2d 474 (1980)

TRANS-CANADA ENTERPRISES, LTD., a corporation, Plaintiff-Appellee, v. MUCKLESHOOT INDIAN TRIBE, Anthony Little, and John Does 1 through 4, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 24, 1980.


Attorney(s) appearing for the Case

Allen H. Sanders, Auburn, Wash., argued for defendants-appellants; Don B. Miller, Boulder, Colo., on brief.

Robert E. Ratcliffe, Seattle, Wash., for plaintiff-appellee.

Barry D. Ernstoff, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, John K. Hoerster, Houger, Garvey & Schubert, Seattle, Wash., Michael E. Taylor, Carl V. Ullman, Michael P. O'Connell, Taholah, Wash., for Asso. of Cooperating Tribes.

Slade Gorton, Atty. Gen., Olympia, Wash., for State.

Before WRIGHT and ANDERSON, Circuit Judges, and VON DER HEYDT, District Judge.


J. BLAINE ANDERSON, Circuit Judge:

The defendant Muckleshoot Indian Tribe appeals the entry below of a permanent injunction prohibiting the enforcement of a tribal business licensing ordinance against the plaintiff Trans-Canada Enterprises, Ltd. We reverse.

I. BACKGROUND

The Muckleshoot Indian Reservation is located in King County, Washington, near the city of Auburn. Created pursuant to the Treaty of Medicine Creek, 10 Stat. 1132 (1854), the reservation...

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