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POURIER v. SOUTH DAKOTA DEPT. OF REVENUE

No. 22221.

658 N.W.2d 395 (2003)

2003 SD 21

Loren POURIER, d/b/a Muddy Creek Oil and Gas, Inc., and Muddy Creek Oil and Gas, Inc., Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 26, 2003.

Rehearing Denied April 1, 2003.

Rehearing Granted April 2, 2003.

Attorney(s) appearing for the Case

Vanya S. Hogen of Faegre & Benson, LLP, Minneapolis, MN, Frank Lawrence of Holland & Knight, LLP, Los Angeles, CA, for plaintiffs and appellants.

Lawrence E. Long, Attorney General, David D. Wiest, Assistant Attorney General, Pierre, SD, for defendant and appellee.

Mario Gonzalez, Pine Ridge, SD, Tracy A. Labin, Washington, DC, for Amicus Curiae, Oglala Sioux Tribe.

Appellant's Rehearing Denied April 1, 2003.

Appellee's Rehearing Granted April 2, 2003, Solely on Issue One.

SABERS, Justice.

[¶ 1.] Loren Pourier is an enrolled member of the Oglala Sioux Tribe and a resident of the Pine Ridge Indian Reservation in South Dakota. Muddy Creek Oil and Gas, Inc., (Muddy Creek) is a South Dakota corporation whose sole shareholder and president is Pourier. The corporation's principal place of business is Pine Ridge...

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