STATE OF OKL. EX REL. OKLAHOMA TAX COM'N v. GRAHAM

No. 86-1655.

846 F.2d 1258 (1988)

STATE OF OKLAHOMA ex rel. OKLAHOMA TAX COMMISSION, Plaintiff-Appellant, v. Jan GRAHAM and Chickasaw Nation, By and Through Overton James, Governor of the Chickasaw Nation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 18, 1988.


Attorney(s) appearing for the Case

Robert C. Jenkins (J. Lawrence Blankenship, with him on briefs), Oklahoma City, Okl., for plaintiff-appellant.

Joe Mark Elkouri, Gen. Counsel, David Allen Miley and Givens L. Adams of the Oklahoma Tax Com'n, Oklahoma City, Okl., on brief, for plaintiff-appellant.

Bob Rabon of Kile, Rabon and Wolf, Hugo, Okl., for defendants-appellees.

John G. Ghostbear, Tulsa, Okl., on brief of amicus curiae Choctaw Nation of Oklahoma, for defendants-appellees.

Before SEYMOUR, MOORE, and TACHA, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This case is again before us following remand, ___ U.S. ___, 108 S.Ct. 481, 98 L.Ed.2d 480, for reconsideration in light of Caterpillar Inc. v. Williams, ___ U.S. ___, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987). The question presented on remand is whether the action filed by the State of Oklahoma (State) in state court to collect taxes from the Chickasaw Nation was properly removed. We conclude that the State's complaint constituted...

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