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The Crow Tribe of Indians v. State of Montana

United States Court of Appeals, Ninth Circuit
Oct 29, 1996
98 F.3d 1194 (9th Cir. 1996)

Opinion

Nos. 95-35093, 95-35096.

October 29, 1996.

Before: BROWNING, WRIGHT, and CANBY, Circuit Judges.


ORDER

[2] The motion to recall the mandate is granted.

The petition for rehearing received on September 18, 1996, is accepted for filing.

The opinion, 92 F.3d 826, is amended by adding to the end of footnote 2:

Montana also argues in its petition for rehearing that this case presents a weaker case for quasi-contractual relief than California, where restitution was denied, because the Tribe did not transfer any resources to the State. But California involved an entirely different factual situation: a claim of restitution by the Government where the Government had voluntarily agreed to reimburse a contractor subject to a state tax. The Government, unlike the Tribe, was "in no better position than as a subrogee of its contractor," id. at 752, 113 S.Ct. at 1788, and the Supreme Court held that "the Government cannot use the existence of an obligation to indemnify [a contractor] to create a federal cause of action for money had and received to recover state taxes paid by [the contractor]." Id. at 754, 113 S.Ct. at 1789.


Summaries of

The Crow Tribe of Indians v. State of Montana

United States Court of Appeals, Ninth Circuit
Oct 29, 1996
98 F.3d 1194 (9th Cir. 1996)
Case details for

The Crow Tribe of Indians v. State of Montana

Case Details

Full title:The CROW TRIBE OF INDIANS, Plaintiff-Appellant, and United States of…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 29, 1996

Citations

98 F.3d 1194 (9th Cir. 1996)

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