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FOND DU LAC BAND OF LAKE SUPERIOR v. FRANS

No. 10-1236.

649 F.3d 849 (2011)

FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA, Plaintiff-Appellant, v. Myron FRANS, in his official capacity as the Commissioner of the Minnesota Department of Revenue, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2011.

Attorney(s) appearing for the Case

Dennis J. Peterson , argued, Cloquet, MN, for appellant.

Rita Coyle DeMeules , AAG, argued, St. Paul, MN, for appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The Fond du Lac Band of Lake Superior Chippewa ("Band") sued the Commissioner of the Minnesota Department of Revenue to prevent taxation of the out-of-state pension income of Band members. The Band advances two arguments against the taxation: due process and preemption. The district court2 ruled for the Commissioner. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

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