Mescalero Apache Tribe v. O'cheskey

McKAY, Circuit Judge,

dissenting:

In my view White Mountain Apache Tribe v. Bracker,-U.S.-, 100 S.Ct. 2578, 65 L.Ed.2d - (1980), and Central Machinery Co. v. Arizona State Tax Com- ■ mission,-U.S.-, 100 S.Ct. 2592, 65 L.Ed.2d-(1980), emphasize the correctness of the position maintained in my dissent and that of Judge Doyle. Therefore I do not concur in the memorandum denying the petition for rehearing, and I would grant rehearing.