A federal judge has declined to issue a preliminary injunction in a tobacco taxation lawsuit against the state of New York.

Judge Richard Arcara said the St. Regis Mohawk Tribe and the state-recognized Unkechaug Nation failed to demonstrate a likelihood of success. But he acknowledged irreparable harm so he is giving them time to appeal his decision.

Tribes are suing the state to block the collection of a tax on the sale of tobacco to non-Indians. They say the tax infringes on treaties and their sovereignty.

Get the Story:
Ruling favors NY in Indian smokeshop tax fight (AP 11/10)

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