A federal judge on Monday dismissed a lawsuit the Muscogee (Creek) Nation filed against the Oklahoma Tax Commission.

Judge Terence Kern said the commission and its members are protected by sovereign immunity, The Tulsa World reported. He also said the tribe lacked standing to bring the suit.

The tribe, which lacks a tobacco tax compact with the state, sued in May after the tax agents seized over $100,000 worth of cigarettes that were bound for tribal retailers. The tribe contends the search violated its constitutional rights.

The state claims authority to stop any vehicles that might be carrying contraband cigarettes. The state says the tribe is selling tobacco without proper tax stamps.

Get the Story:
Judge dismisses state tax agency from tribal suit (The Tulsa World 8/11)

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