Cite as: 523 U. S. 696 (1998)
Syllabus
(c) The Tribe and the United States urge the negative impact of Montana's high taxes on the marketability of the Tribe's coal as an alternative justification for requiring Montana to disgorge the taxes collected from Westmoreland. This claim rests on the concern that, by taxing the coal actually mined and sold, Montana deprived the Tribe of its fair share of the economic rent. Again, however, the Tribe could not have exacted a tax from Westmoreland before 1983, because the Interior Department withheld approval. And no evidence suggests that West-moreland would have agreed to pay even higher royalties to the Tribe in 1974, but for Montana's tax. It merits emphasis also that under Cotton Petroleum, Montana could have imposed a severance tax, albeit not one so extraordinarily high. The District Court did not consider awarding the Tribe, in lieu of all the 1975-1982 taxes Montana collected, damages based on actual losses the Tribe suffered. This was not an oversight. The complaint contained no prayer for compensatory damages. Nor did the proof establish entitlement to such relief. The Tribe concentrated on disgorgement as the desired remedy; it deliberately sought and proved no damages attributable to coal not sold because the State's tax made the price too high. Federal Rule of Civil Procedure 54(c) therefore could not aid the Tribe, for the Tribe had not shown entitlement to actual damages. While not foreclosing the District Court from any course the Federal Rules and that court's thorough grasp on this litigation may lead it to take, this Court is satisfied that the Court of Appeals improperly overturned the District Court's judgment. Pp. 717-719.
92 F. 3d 826, 98 F. 3d 1194, reversed and remanded.
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, Thomas, and Breyer, JJ., joined. Souter, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, J., joined, post, p. 719.
Clay R. Smith, Solicitor of Montana, argued the cause for petitioners. With him on the briefs were Joseph P. Mazurek, Attorney General, James E. Torske, Carter G. Phillips, Paul E. Kalb, and Christine A. Cooke.
Robert S. Pelcyger argued the cause and filed a brief for respondent Crow Tribe of Indians.
Jeffrey A. Lamken argued the cause for the United States. With him on the brief were Solicitor General Waxman, As-
699
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007