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SAC AND FOX NATION OF MISSOURI v. LaFAVER

Civil Action No. 95-4152-DES.

946 F.Supp. 884 (1996)

SAC AND FOX NATION OF MISSOURI, Iowa Tribe of Kansas and Nebraska, Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, Plaintiffs, v. John D. LAFAVER, Secretary Kansas Department of Revenue, Defendant.

United States District Court, D. Kansas.

October 30, 1996.

Attorney(s) appearing for the Case

Mark S. Gunnison, Stephen D. McGiffert, Payne & Jones, Chtd., Overland Park, KS, John R. Shordike, Patricia Prochaska, Berkeley, CA, Paul Alexander, Alexander & Karshmer, Washington, DC, for Sac and Fox Nation of Missouri.

Mark S. Gunnison, Stephen D. McGiffert, Payne & Jones, Chtd., Overland Park, KS, Iowa Tribe of Kansas & Nebraska.

Pedro L. Irigonegaray, Robert V. Eye, Irigonegaray & Associates, Topeka, KS, Mario Gonzalez, Horton, KS, for The Kickapoo Tribe of Indians, of the Kickapoo Reservation in Kansas.

Lester N. Collier, Legal Services Bureau, Kansas Department of Revenue, John Michael Hale, Amy Weller Liebau, Kansas Department of Revenue Bureau of Legal Services, Topeka, KS, for John D. Lafaver, Secretary Kansas Department of Revenue.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the plaintiffs' Motion for Issuance of Preliminary Injunction (Doc. 3). The plaintiffs challenge the Kansas Department of Revenue's ("DOR") imposition of a tax on motor fuel sales on Indian lands, including sales from distributors to the plaintiffs. On October 5, 1995, this court entered a temporary restraining order enjoining and restraining DOR from applying and enforcing...

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