Legal Opinion
Crow Tribe of Indians v. Montana
Court of Appeals for the Ninth Circuit
Decided August 6, 1996No. Nos. 95-35093, 95-35096PublishedCited by 2 opinions
1Per curiam
In 1975, Montana imposed severance and gross proceeds taxes on coal produced from Crow Tribe coal deposits. Mont.Code Ann. §§ 15-35-101 through 205; §§ 15-23-701 through 703. The Tribe, and the United States as its trustee,1 instituted suit challenging Montana’s taxes on preemption and Tribal sovereignty grounds. We held the complaint stated a cause of action. Crow Tribe of Indians v. State of Montana, 650 F.2d 1104 (9th Cir.1981), as amended, 665 F.2d 1390 (9th Cir.1982) (“Crow I”). After trial, we held the Tribe had established both that the taxes impermissibly eroded the Tribe’s sovereign…
2Cases cited12 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
- Commonwealth Edison Co. v. MontanaSupreme Court of the United States · 1981
- Cotton Petroleum Corp. v. New MexicoSupreme Court of the United States · 1989
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3Cited by2 opinions
- Stefanie Riviere,plaintiffs, Stefanie Riviere Thomas Sturdevant v. Banner Chevrolet, Inc., Banner Chevrolet, Inc.Court of Appeals for the Fifth Circuit · 1999
- 96 Cal. Daily Op. Serv. 5819, 96 Daily Journal D.A.R. 9504 the Crow Tribe of Indians, and United States of America, Plaintiff-Intervenor v. State of Montana, Director, Ken Nordtvedt County of Big Horn Treasurer, Big Horn County, Martha Fletcher, the Crow Tribe of Indians, and United States of America, Plaintiff-Intervenor-Appellant v. State of Montana, Director, Ken Nordtvedt County of Big Horn Treasurer, Big Horn County, Martha FletcherCourt of Appeals for the Ninth Circuit · 1996