Legal Opinion

Morongo Band of Mission Indians v. California State Board of Equalization

Court of Appeals for the Ninth Circuit

Decided June 14, 1988No. Nos. 87-2320, 87-2371 and 87-2393PublishedCited by 3 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

I. INTRODUCTION

The question presented in this case is whether the district court properly exercised subject matter jurisdiction over an Indian tribe’s action in the nature of inter-pleader against a member of the tribe and a state tax authority. We hold that it did not. Accordingly, we vacate the district court’s judgment in all respects and remand with instructions that the case be dismissed.

II. BACKGROUND

• Plaintiff/ Counterclaim-Defendant/Appellant/Cross-Appellee Morongo Band of Mission Indians (the Band) leased Indian trust land beneficially owned by Defendant/…

2Cases cited42 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Morongo Band of Mission Indians, Plaintiff/counterclaim-Defendant/appellant v. California State Board of Equalization Richard Nevins, in His Official Capacity as Chairman of the State Board of Equalization Conway H. Collis, in His Official Capacity as a Member of the State Board of Equalization Ernest J. Dronenburg, Jr., in His Official Capacity as a Member of the State Board of Equalization William M. Bennett, in His Official Capacity as a Member of the State Board of Equalization, Clive Miller, Defendant/counterclaimant/appellee. Morongo Band of Mission Indians, Plaintiff/counterclaim-Defendant/appellee v. California State Board of Equalization, and Clive Miller, Defendant/counterclaimant/appellant. Morongo Band of Mission Indians v. California State Board of EqualizationCourt of Appeals for the Ninth Circuit · 1988
  2. Stone Flood & Fire Restoration, Inc. v. Safeco Insurance Co. of AmericaUtah Supreme Court · 2011
  3. Atesom v. Guam Memorial Hospital AuthorityDistrict Court, D. Guam · 2016

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