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BIG SANDY RANCHERIA ENTERPRISES v. BONTA

No. 19-16777.

1 F.4th 710 (2021)

BIG SANDY RANCHERIA ENTERPRISES, a federally-chartered corporation, Plaintiff-Appellant, v. Rob BONTA, in his official capacity as Attorney General of the State of California; Nicolas Maduros, in his official capacity as Director of the California Department of Tax and Fee Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2021.

Attorney(s) appearing for the Case

Tim Hennessy (argued), John M. Peebles , and Michael A. Robinson , Peebles Kidder Bergen & Robinson LLP, Sacramento, California, for Plaintiff-Appellant.

Michael John von Loewenfeldt (argued), Wagstaffe von Loewenfeldt Busch & Radwick LLP, San Francisco, California; James V. Hart (argued) and Peter F. Nascenzi , Deputy Attorneys General; Karen Leaf , Senior Assistant Attorney General; Attorney General's Office, Sacramento, California; for Defendants-Appellees.

Concurrence by Judge Berzon.

OPINION

This appeal presents the question whether California cigarette tax regulations apply to inter-tribal sales of cigarettes by a federally chartered tribal corporation wholly owned by a federally recognized Indian tribe. We conclude that they do, and we affirm the judgment of the district court. We have jurisdiction...

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