Legal Opinion
Winnebago Tribe of Nebraska v. Kline
District Court, D. Kansas
Decided January 15, 2004No. 02-4070-JTMPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MARTEN, District Judge.
The plaintiffs are Indian Tribes and their agents who seek to stop the State of Kansas from collecting fuel taxes from businesses they operate. The state has attempted to impose these taxes pursuant to KSA 79-3401 et seq., which imposes a tax on the use or the sale and delivery of motor vehicle fuel.
On May 17, 2002, Judge Saffels entered a temporary restraining order requiring the defendants to stop enforcement of the statute against plaintiffs. After the action was transferred to the undersigned, the court granted plaintiffs a preliminary injunction…
2Cases cited40 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Younger v. HarrisSupreme Court of the United States · 1971
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. TestanSupreme Court of the United States · 1976
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
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3Cited by10 opinions
- Wagnon v. Prairie Band Potawatomi NationSupreme Court of the United States · 2005
- Winnebago Tribe of Nebraska v. KlineSupreme Court of Kansas · 2007
- Mann v. ND Tax CommissionerNorth Dakota Supreme Court · 2005
- Mashantucket Pequot Tribe v. Town of LedyardCourt of Appeals for the Second Circuit · 2013
- Coeur D'Alene Tribe of Idaho, Nez Perce Tribe Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho Nez Perce Tribe, and Shoshone-Bannock Tribes v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax Commission, Coeur D'Alene Tribe of Idaho, and Shoshone-Bannock Tribes Nez Perce Tribe v. Duwayne D. Hammond, Jr. Coleen Grant Larry Watson Severina Sam Haws, in Their Official Capacity as Commissioners of the Idaho State Tax CommissionCourt of Appeals for the Ninth Circuit · 2004
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