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SEMINOLE TRIBE OF FLA. v. FLORIDA DEPT. OF REVENUE

No. 13-10566.

750 F.3d 1238 (2014)

SEMINOLE TRIBE OF FLORIDA, Plaintiff-Appellant, v. State of FLORIDA DEPARTMENT OF REVENUE, Marshall Stranburg, in his official capacity as the Interim Executive Director and Deputy Executive Director of the Florida Department of Revenue, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 5, 2014.

Attorney(s) appearing for the Case

Kristen Marie Fiore , Katherine E. Giddings , Michael J. Larson , Akerman LLP, Tallahassee, FL, Glen A. Stankee , William S. Spencer , Akerman Senterfitt, LLP, Fort Lauderdale, FL, for Plaintiff-Appellant.

Jonathan Alan Glogau , Rachel E. Nordby , Leah Anne Sevi , Attorney General's Office, Tallahassee, FL, Pam Bondi , Attorney General's Office, Ft. Lauderdale, FL, for Defendant-Appellee.

Before PRYOR and JORDAN, Circuit Judges, and FRIEDMAN, District Judge.

PRYOR, Circuit Judge:

This appeal requires us to decide whether the sovereign immunity of Florida, as confirmed by the Eleventh Amendment, U.S. Const. Amend. XI, bars a federal complaint by an Indian tribe against the Florida Department of Revenue and its Executive Director for a declaratory judgment that the tribe is exempt from paying a Florida tax on fuel and for an injunction requiring a refund of taxes paid. The Seminole Tribe of Florida contends that a Florida...

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