Legal Opinion

State of Oklahoma Ex Rel. Oklahoma Tax Commission v. Jan Graham and Chickasaw Nation, by and Through Overton James, Governor of the Chickasaw Nation

Court of Appeals for the Tenth Circuit

Decided June 26, 1987No. 86-1655PublishedCited by 12 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

The State of Oklahoma ex rel. Oklahoma Tax Commission (State or appellant) appeals the district court’s denial of its motion to remand and subsequent granting of the motion to dismiss filed by defendants Jan Graham and the Chickasaw Nation (Chickasaw Nation collectively or the *953Tribe). In its first order, the United States District Court for the Eastern District of Oklahoma held that removal was proper because the Constitution vests the Federal Government with exclusive authority over Indian tribes which is not limited or prohibited by 28 U.S.C. § 1843, the Tax…

2Cases cited32 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  3. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  4. Land v. DollarSupreme Court of the United States · 1947
  5. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940

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3Cited by12 opinions

  1. Dennis Garberg & Associates, Inc. v. Pack-Tech International Corp.Court of Appeals for the Tenth Circuit · 1997
  2. Oklahoma Tax Commission v. GrahamSupreme Court of the United States · 1989
  3. Lundahl v. HalabiCourt of Appeals for the Tenth Circuit · 2014
  4. Foxworthy v. Puyallup Tribe of Indians Ass'nCourt of Appeals of Washington · 2007
  5. State of Oklahoma Ex Rel. Oklahoma Tax Commission v. Jan Graham and Chickasaw Nation, by and Through Overton James, Governor of the Chickasaw NationCourt of Appeals for the Tenth Circuit · 1988

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