Treaty Preempts Cig Tax, Indian Tribe Tells 9th Circ.

Law360, New York (November 20, 2013, 8:28 PM EST) -- The Yakama Indian Nation and Native American-owned cigarette producer King Mountain Tobacco Co. Inc. told the Ninth Circuit on Monday that a lower court had erred in granting summary judgment to the state of Washington, subjecting the company to payments under a 1998 tobacco settlement and potential state excise tax payments.

The tobacco company claims the Eastern District of Washington completely ignored a treaty that exempts the Indian nation — and therefore the company, which grew tobacco and manufactured cigarettes on tribal land — from state...
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