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MILLER v. WRIGHT

No. 11-35850.

699 F.3d 1120 (2012)

Daniel T. MILLER; Amber Lanphere; Paul M. Matheson, Plaintiffs-Appellants, v. Chad WRIGHT, Puyallup Tribe Tax Department, Enforcement Officer; Herman Dillon, Sr., Chairman Puyallup Tribe of Puyallup Tribe of Indians, a federally recognized American Indian tribe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2012.

Attorney(s) appearing for the Case

Robert Kovacevich , Spokane, WA, for appellants Daniel Miller, Amber Lanphere, and Paul M. Matheson.

John Howard Bell (argued) and Andrea George , Tacoma, WA, for appellees Herman Dillon Sr., Chairman, Puyallup Tribe of Indians, and the Puyallup Tribe of Indians, a federally recognized Indian tribe.

James H. Jordan, Jr. , Miller Nash LLP, Seattle, WA, for appellee Chad Wright, Puyallup Tribe Tax Department, Enforcement Officer.

Before: JOHN T. NOONAN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

This is the latest iteration of cigarette vendors' challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court's dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The district court dismissed the...

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