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BURLINGTON NORTHERN & SANTA FE RY. CO. v. VAUGHN

No. 05-16755.

509 F.3d 1085 (2007)

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Plaintiff-Appellee, v. Charles VAUGHN, Chairman of the Hualapai Indian Tribe, a federally recognized Indian Tribe; Wanda Easter, Finance Director of the Hualapai Indian Tribe, a federally recognized Indian Tribe, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2007.

Attorney(s) appearing for the Case

Susan M. Williams (argued), Sarah S. Works, Williams & Works, P.A., Corrales, NM, for the appellants.

Charles G. Cole (argued), Alice E. Loughran, Amber B. Blaha, Steptoe & Johnson LLP, Washington, DC; Paul J. Mooney, Jim L. Wright, Fennemore Craig, P.C., Phoenix, AZ, for the appellee.

Before: ARTHUR L. ALARCÓN, DAVID R. THOMPSON, and RICHARD C. TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

The Burlington Northern & Santa Fe Railway Company (BNSF) brought suit against two officials of the Hualapai Indian Tribe, Charles Vaughn and Wanda Easter (the tribal officials), seeking declaratory and injunctive relief against their efforts to enforce or collect the Hualapai Tribe's possessory interest tax against BNSF for use of the railroad's right-of-way through the reservation. The tribal officials filed a motion to dismiss, which...

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