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CITIZEN BAND POTAWATOMI INDIAN TRIBE v. OKLAHOMA TAX COM'N

Nos. 91-6302, 91-6312.

975 F.2d 1459 (1992)

The CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA, Plaintiff-Appellee and Cross-Appellant, v. The OKLAHOMA TAX COMMISSION; Cindy Rambo; Robert Wadley; and Don Kilpatrick, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 21, 1992.

Attorney(s) appearing for the Case

David Allen Miley, Asst. Gen. Counsel (David Hudson, Gen. Counsel, with him on the brief), Oklahoma Tax Com'n, Oklahoma City, Okl., for defendants-appellants and cross-appellees.

Michael Minnis (David McCullough, with him on the brief), Michael Minnis & Associates, Oklahoma City, Okl., for plaintiff-appellee and cross-appellant.

Before BALDOCK and SETH, Circuit Judges, and BENSON, District Judge.

BALDOCK, Circuit Judge.

At issue is whether the Oklahoma Tax Commission ("Tax Commission") may require the Citizen Band Potawatomi Indian Tribe of Oklahoma ("Tribe") to obtain a state license to sell beer containing 3.2% of alcohol by weight ("3.2 beer") on Indian land. The Tribe owns and operates a convenience store and a golf course on land held for it in trust by the federal government. Under its Tribal license,1 the Tribe was selling...

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