Nisqually Indian Tribe v. Gregoire

OPINION

SMITH, Circuit Judge:

The Nisqually Indian Tribe (“Nisqually”) challenges an agreement between the Frank’s Landing Indian Community (the “Community”), the Squaxin Island Indian Tribe 1 (“Squaxin”), and the State of Washington 2 (‘Washington” or the “State”) governing taxation of cigarettes at Frank’s Landing. Nisqually brought suit claiming that Washington breached a contract with Nisqually by entering into the agreement with Squaxin and the Community, and further argues that the agreement violates various state and federal laws. With respect to Nisquall/s attempts to enforce federal…