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CENTRAL MACHINERY CO. v. STATE

No. 1 CA-CIV 7779.

152 Ariz. 131 (1985)

730 P.2d 840

CENTRAL MACHINERY COMPANY, an Arizona corporation, Plaintiff-Appellee, v. STATE of Arizona, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

June 27, 1985.

Attorney(s) appearing for the Case

Rodney B. Lewis, Sacaton, for Central Machinery Company.

Robert K. Corbin, Atty. Gen. by Anthony B. Ching, Sol. Gen., Phoenix, for State of Arizona.

MEYERSON, Judge.

In Maine v. Thiboutot, 448 U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980), the United States Supreme Court held that 42 U.S.C. § 1983 provides a cause of action to enforce substantive rights granted by federal statutes. The issue in this case is whether the Indian trader statutes, 25 U.S.C. §§ 261-64, create such rights thereby entitling plaintiff-appellee Central Machinery Company (Central Machinery...

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