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WINNEBAGO TRIBE OF NEB. v. MORRISON

No. 02-4070-JTM.

512 F.Supp.2d 1182 (2007)

WINNEBAGO TRIBE OF NEBRASKA, et al., Plaintiffs, v. Paul MORRISON, Attorney General of the State of Kansas, et al., Defendants.

United States District Court, D. Kansas.

September 6, 2007.

Attorney(s) appearing for the Case

Mark S. Gunnison, Payne & Jones, Chtd., Overland Park, KS, Mary Johanna Streitz, Vernle C. Durocher, Jr., Dorsey & Whitney, LLP, Minneapolis, MN, Thomas E. Wright, Henson, Clark, Hutton, Mudrick & Gragson, LLP, Topeka, KS, Thomas Weathers, Alexander, Berkey, Williams & Weathers LLP, Berkeley, CA, for Plaintiffs.

Brian R. Johnson, Knox, Johnson, Rockwell & Babbit, Chartered, Lawrence, KS, Jay Douglas Befort, Joseph Brian Cox, Robert W. Challquist, John Michael. Hale, Kansas Department of Revenue, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

This is an action in which the plaintiff Indian Tribes allege that they have been subjected to Kansas Motor Vehicle Fuel Tax, contrary to the provisions in federal and state law. The court has previously entered an injunction requiring the return of property seized from the plaintiffs. The matter is now before the court on the plaintiffs' motion for summary judgment.

Summary judgment is proper...

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