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BURLINGTON NORTHERN RAILROAD COMPANY v. BLACKFEET TRIBE OF BLACKFEET INDIAN RESERVATION

Nos. 88-4428, 88-4429.

924 F.2d 899 (1991)

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

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1991.

As Amended March 18, 1991.

Attorney(s) appearing for the Case

Michael E. Webster, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, for plaintiff-appellant.

Reid Peyton Chambers, Sonosky, Chambers & Sachse, Washington, D.C., Jeanne S. Whiteing, Whiteing, Thompson & White, Boulder, Colo., for defendants-appellees.

Before KOELSCH, BROWNING and BEEZER, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Burlington Northern Railroad brought suit against the Blackfeet, Assiniboine and Sioux Tribes ("Tribes"), their governing bodies and various tribal officials, seeking a declaration that the Tribes lacked sovereign power to tax Burlington Northern's on-reservation rights of way, and an injunction against the imposition of such taxes.1 The district court denied the Tribes' motion to dismiss on the ground...

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