Daniel Miller v. Chad Wright

ORDER

Appellees’ Request for Reconsideration and Correction of Footnote 4, filed on November 26, 2012, is construed as a Petition for Panel Rehearing. So construed, the petition is GRANTED. The opinion in this case, filed on November 13, 2012, is AMENDED to delete footnote 4, Slip Opinion, p. 13246.

No further petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The district court dismissed the action for lack of subject matter jurisdiction in light of the tribe’s sovereign immunity. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

I. BACKGROUND

A. Plaintiffs Matheson, Miller, and Lanphere

Matheson is an enrolled Puyallup Indian who owns a retail store that sells cigarettes. Matheson’s store is located within the…