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SOUTH DAKOTA v. MINETA

No. CIV. 02-3034, 2003 D.S.D. 16.

278 F.Supp.2d 1025 (2003)

State of SOUTH DAKOTA, and M. Michael Rounds, Governor, Plaintiffs, v. Norman Y. MINETA, Secretary, United States Department of Transportation, Defendant.

United States District Court, D. South Dakota, Central Division.

August 21, 2003.

Attorney(s) appearing for the Case

John P. Guhin, Attorney General's Office, Pierre, for Plaintiffs.

James B. Cooney, U.S. Department of Justice, Indian Resources Section, Washington, DC, for Defendants.

ORDER

KORNMANN, District Judge.

[¶ 1.] Plaintiffs brought this action, claiming that the defendant had taken final action to require the State of South Dakota ("State") to require highway contractors to pay (and charge to the State) occupational taxes levied by Indian tribes. The taxes are levied in connection with highway construction or repair projects on State highways which traverse Indian reservations. Plaintiffs ask this court to declare that...

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