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CHEMEHUEVI IND. TRIBE v. CAL. ST. BD. OF EQUAL.

Nos. 83-2431, 83-2481.

757 F.2d 1047 (1985)

The CHEMEHUEVI INDIAN TRIBE, Plaintiff-Appellant, v. CALIFORNIA STATE BOARD OF EQUALIZATION; George R. Reilly; Iris Stankey; William M. Bennett; Richard Nevins; Kenneth Cory; individually and in their official capacities as members of the California State Board of Equalization; Bank of America; N.T. & S.A., a national banking association; and David Cordier, individually and in his capacity as employee of the California State Board of Equalization; Defendants-Appellees. The CHEMEHUEVI INDIAN TRIBE, Plaintiff-Appellee, v. CALIFORNIA STATE BOARD OF EQUALIZATION; Reilly, George R.; Stankey, Iris; Bennett, William M.; Nevins, Richard; & Cory, Kenneth; individually & in their official capacities as members of the California State Board of Equalization, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1985.

Attorney(s) appearing for the Case

Lester J. Marston, Ukiah, Cal., for plaintiff.

James Cuneo, San Francisco, Cal., for defendants.

Glenn M. Feldman and M. Frances Ayer, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Washington, D.C., amici curiae, for Big Pine Band of Owens Valley Paiute-Shoshone Indians et al.

Before PHILLIPS, FLETCHER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

The Chemehuevi Indian Tribe ("Tribe") brought suit in the district court challenging the validity of California's cigarette tax as applied to cigarettes sold by the Tribe on the reservation to non-Indian purchasers, and requesting injunctive relief to prevent the California State Board of Equalization ("Board") from enforcing the California Cigarette Tax Law against it. In response, the Board filed a counterclaim for the amount of taxes allegedly...

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