REHNER v. RICE

Nos. 77-2409, 79-4403 and 79-4404.

678 F.2d 1340 (1982)

Eva REHNER, Plaintiff-Appellee, v. Baxter RICE, Individually and as Director of the Department of Alcoholic Beverage Control of the State of California, Defendant-Appellee. MUCKLESHOOT INDIAN TRIBE, Plaintiffs-Appellees, v. STATE of WASHINGTON, et al., Defendants-Appellants. The TULALIP TRIBES OF WASHINGTON, an Indian Tribe, Plaintiffs-Appellees, v. STATE of WASHINGTON, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1982.


Attorney(s) appearing for the Case

Stephan V. Quesenberry, Seattle, Wash., Art Bunce, Escondido, Cal., Indian Legal Services, for Rehner.

Matthew J. Coyle, Asst. Atty. Gen., Olympia, Wash., argued, for State of Wash.; Slade Gorton, Atty. Gen., Malachy R. Murphy, Deputy Atty. Gen., Olympia, Wash., on brief.

William R. Winship, Jr., Alan S. Meth, San Diego, Cal., argued, for Rice; Evelle J. Younger, Atty. Gen., Sacramento, Cal., on brief.

Richard Reich, Auburn, Wash., for Muckleshoot Tribe.

Douglas L. Bell, Everett, Wash., for Tulalip Tribe.

Before BROWNING, Chief Judge, CHOY, GOODWIN, WALLACE, KENNEDY, TANG, FARRIS, PREGERSON, POOLE, CANBY, REINHARDT, Circuit Judges.


TANG, Circuit Judge:

The three cases involved in this decision arise under different facts, but the issue common to all is whether under 18 U.S.C. § 11611 the states or the Indian tribes have licensing and distribution jurisdiction over Indian country liquor transactions. We conclude that under section 1161 the tribes have exclusive jurisdiction to license and distribute liquor on the reservation...

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