NISQUALLY INDIAN TRIBE v. GREGOIRE

No. 09-35725.

623 F.3d 923 (2010)

NISQUALLY INDIAN TRIBE, Plaintiff-Appellant, v. Christine O. GREGOIRE, Governor of the State of Washington; Chairman David Lopeman; Arnold Cooper; Vincent Henry; Russell Harper; Misti Saenz-Garcia; Marcella Castro; Charlene Krise; Deborah Stoehr; Theresa Bridges, Defendants-Appellees, Squaxin Island Tribe; Frank's Landing Indian Community, Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2010.


Attorney(s) appearing for the Case

Malcom S. Harris , Harris, Mericle & Wakayama, Seattle Washington and Glenn M. Feldman , Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, AZ, for plaintiff-appellant Nisqually Indian Tribe.

Keith M. Harper , Kilpatrick Stockton, LLP, Washington, D.C., and Adam H. Charnes , Kilpatrick Stockton, LLP, Winston-Salem, NC, for defendant-appellees Frank's Landing Indian Community and Theresa Bridges.

Kevin R. Lyon and Nathan E. Schreiner , Squaxin Island Legal Department, Shelton, WA, for defendant-appellee David Lopeman.

Robert M. McKenna , Attorney General, Robert K. Costello , Deputy Attorney General, Cameron G. Comfort , Senior Assistant Attorney General, and Heidi A. Irvin , Assistant Attorney General, Olympia, WA, for defendant-appellee Christine Gregoire.

Before: PAMELA ANN RYMER and N. RANDY SMITH, Circuit Judges, and WILLIAM T. HART, Senior District Judge.


OPINION

SMITH, Circuit Judge:

The Nisqually Indian Tribe ("Nisqually") challenges an agreement between the Frank's Landing Indian Community (the "Community"), the Squaxin Island Indian Tribe1 ("Squaxin"), and the State of Washington2 ("Washington" or the "State") governing taxation of cigarettes at Frank's Landing. Nisqually brought suit claiming that Washington breached a contract with Nisqually...

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