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BURLINGTON NORTHERN v. FORT PECK TRIBAL EXEC. BD.

Nos. CV-87-055-GF, CV-87-120-GF.

701 F.Supp. 1493 (1988)

BURLINGTON NORTHERN RAILROAD, Plaintiff, v. FORT PECK TRIBAL EXECUTIVE BOARD, Fort Peck Tribal Tax Commission, Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation: Kenneth E. Ryan, Tribal Chairman; and Paula Brien, Tribal Secretary/Accountant, Defendants. BURLINGTON NORTHERN RAILROAD, Plaintiff, v. BLACKFEET TRIBE OF the BLACKFEET INDIAN NATION; Blackfeet Tribal Business Council; Blackfeet Tax Administration Division; Earl Old Person, Chairman; Archie St. Goddard, Vice Chairman; Marvin Weatherwax, Secretary; and Eloise C. Cobell, Treasurer, Defendants.

United States District Court, D. Montana, Great Falls Division.

November 23, 1988.

Attorney(s) appearing for the Case

Michael E. Webster, Bruce R. Toole, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for plaintiff.

Harry S. Sachse, Marvin J. Sonosky, Reid Peyton Chambers, William R. Perry, Sonosky, Chambers & Sachse, Washington, D.C., Ray F. Koby, Swanberg, Koby & Swanberg, Great Falls, Mont., for Fort Peck Tribal Executive Bd., et al.

Jeanne S. Whiteing, Boulder, Colo., Phillip Roy, Donald Kittson, Browning, Mont., for Blackfeet Tribe of Blackfeet Indian Nation, et al.

MEMORANDUM OPINION

HATFIELD, District Judge.

A. THE ASSINIBOINE AND SIOUX TRIBES

The plaintiff, Burlington Northern Railroad, challenges the authority of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana, to impose a tax upon the right-of-way occupied by the Railroad across the Fort Peck Indian Reservation. On May 15, 1987, this court granted the Railroad's request for preliminary injunctive relief, thereby enjoining...

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