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SMITH v. PARKER

No. 4:07CV3101.

996 F.Supp.2d 815 (2014)

Richard M. SMITH, et al., Plaintiffs, and State of Nebraska, Plaintiff-Intervenor v. Mitch PARKER, et al., Defendants, and The United States, Defendant-Intervenor.

United States District Court, D. Nebraska.

February 13, 2014.

Attorney(s) appearing for the Case

Mark D. Hill , Husch, Blackwell Law Firm, Omaha, NE, V. Gene Summerlin, Jr. , Husch, Blackwell Law Firm, Lincoln, NE, for Plaintiffs.

Mark J. Peterson , Nora M. Kane , Patricia A. Zieg , Stinson, Leonard Law Finn, Omaha, NE, for Defendants.

Jon C. Bruning , Attorney General, David D. Cookson , Katherine J. Spohn , David A. Lopez , Ryan S. Post , Attorney General's Office, Lincoln, NE, for Plaintiff-Intervenor.

Daron T. Carreiro , U.S. Department of Justice — Indian Resources Section, Washington, DC, for Defendant-Intervenor.

MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

The plaintiffs are owners or agents of businesses and clubs in Pender, Nebraska, that sell alcoholic beverages. They have sued Omaha Tribal Council members in their official capacities for prospective injunctive and declaratory relief from the Omaha Tribe's attempt to enforce its liquor-license and tax scheme on the plaintiffs. The plaintiffs claim that because they are not located on a federally...

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