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KING MOUNTAIN TOBACCO CO., INC. v. McKENNA

No. 13-35360.

768 F.3d 989 (2014)

KING MOUNTAIN TOBACCO COMPANY, INC.; Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiffs-Appellants, v. Robert McKENNA, Attorney General of the State of Washington, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2014.

Attorney(s) appearing for the Case

Randolph H. Barnhouse (argued) and Justin J. Solimon , Johnson Barnhouse & Keegan LLP, Los Ranchos de Albuquerque, NM, for Plaintiffs-Appellants.

David M. Hankins (argued), Senior Counsel; Joshua Weissman , Assistant Attorney General; Robert W. Ferguson , Attorney General of the State of Washington, Olympia, WA, for Defendant-Appellee.

Before: JOHN T. NOONAN, SUSAN P. GRABER, and MORGAN CHRISTEN, Circuit Judges.

OPINION

CHRISTEN, Circuit Judge:

King Mountain Tobacco Company and the Confederated Tribes and Bands of the Yakama Indian Nation (collectively "Appellants") sued the Attorney General of the State of Washington for declaratory and injunctive relief from Washington's escrow statute, Wash. Rev.Code §§ 70.157.005-70.157.030 (2013). The escrow statute requires King Mountain to place money into escrow to reimburse the State for health care costs related...

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