Legal Opinion
Standing Rock Sioux Indian Tribe v. Byron L. Dorgan, Tax Commissioner, State of North Dakota
Court of Appeals for the Eighth Circuit
Decided November 1, 1974No. 74-1119PublishedCited by 69 opinions
1Opinion of the Court
WEBSTER, Circuit Judge.
This appeal presents for our consideration the jurisdiction of a federal court to entertain an action brought by an Indian tribe to recover state sales and use taxes illegally collected from its members by the Tax Commissioner of North Dakota. 1 The District Court 2 dismissed the action for want of subject matter jurisdiction. Holding this action to be barred by the Eleventh Amendment to the Constitution of the United States, we affirm the judgment of the District Court.
In 1973 the Supreme Court of North Dakota declared that the action of tax officials in collecting…
2Cases cited35 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Sierra Club v. MortonSupreme Court of the United States · 1972
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
30 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- David M. Mumford v. David A. BasinskiCourt of Appeals for the Sixth Circuit · 1997
- Weeks Construction, Inc. v. Oglala Sioux Housing Authority, United States of America, and Department of Housing and Urban DevelopmentCourt of Appeals for the Eighth Circuit · 1986
- Auto-Owners Insurance Co. v. Tribal Court of the Spirit Lake Indian ReservationCourt of Appeals for the Eighth Circuit · 2007
- Matthew Mitchell v. Orico BaileyCourt of Appeals for the Fifth Circuit · 2020
- Fitzpatrick v. BitzerCourt of Appeals for the Second Circuit · 1975
64 more not listed; retrieve them via the Exa API.