State Ex Rel. Oklahoma Tax Commission v. Thlopthlocco Tribal Town of Oklahoma

SUMMERS, Justice:

Oklahoma Tax Commission sought and obtained a District Court order permanently enjoining an Indian smoke shop from selling untaxed cigarettes. The Court of Appeals agreed with the result on its merits but reversed the injunction, finding that the Tax Commission had sued the wrong party. We have granted certiorari to line the case up with the Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe, — U.S. —, 111 S.Ct. 905, 112 L.Ed.2d 1112 (1991). In doing so we vacate the lower court’s injunction for two reasons: (1) The Tax Commission did indeed sue the wrong…