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PHILIP MORRIS USA v. KING MOUNTAIN TOBACCO CO.

No. 06-36066.

569 F.3d 932 (2009)

PHILIP MORRIS USA, INC., Plaintiff-Appellant, v. KING MOUNTAIN TOBACCO COMPANY, INC.; Mountain Tobacco; Delbert L. Wheeler, Sr.; Richard Kip Ramsey, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2009.

Attorney(s) appearing for the Case

Daniel P. Collins (argued), Kelly M. Klaus, Adam B. Badwai, Munger, Tolles & Olson LLP, Los Angeles, CA; Roberta L. Horton, Arnold & Porter, LLP, Washington, DC; Leslie R. Weatherhead, William M. Symmes, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for the plaintiff-appellant.

J. Michael Keyes, Theresa L. Keyes, and Bart J. Freedman, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Spokane, WA, for the defendants-appellees.

Before: MELVIN BRUNETTI, M. MARGARET McKEOWN, and W. FLETCHER, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion and concurrence filed on January 20, 2009 are hereby amended. No petition for panel rehearing or petition for rehearing en banc may be filed.

OPINION

McKEOWN, Circuit Judge:

This case is yet another of the difficult Indian jurisdiction cases considered by this court. The precise question presented is whether there is colorable tribal court jurisdiction over a nonmember...

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