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CITIZENS AGAINST CASINO GAMBLING IN ERIE COUNTY v. HOGEN

No. 10-2132-cv.

CITIZENS AGAINST CASINO GAMBLING IN ERIE COUNTY (Joel Rose and Robert Heffern, as Co-Chairpersons), REV. G. STANFORD BRATTON, D. MIN., Executive Director of the Network of Religious Communities, THE NETWORK OF RELIGIOUS COMMUNITIES, NATIONAL COALITION AGAINST GAMBLING EXPANSION, PRESERVATION COALITION OF ERIE COUNTY, INC., COALITION AGAINST CASINO GAMBLING IN NEW YORK-ACTION, INC., THE CAMPAIGN FOR BUFFALO, HISTORY ARCHITECTURE & CULTURE, ASSEMBLYMAN SAM HOYT, ERIE COUNTY LEGISLATOR MARIA WHYTE, JOHN McKENDRY, SHELLEY McKENDRY, DOMINIC J. CARBONE, GEOFFREY D. BUTLER, ELIZABETH F. BARRETT, JULIE CLEARY, ERIN C. DAVISON, ALICE E. PATTON, MAUREEN C. SCHAEFFER, DORA RICHARDSON, and JOSEPHINE RUSH, Plaintiffs-Appellees, v. PHILIP N. HOGEN, in his official capacity as Chairman of the National Indian Gaming Commission, THE NATIONAL INDIAN GAMING COMMISSION, THE UNITED STATES DEPARTMENT OF THE INTERIOR, KEN SALAZAR, in his official capacity as Secretary of the Interior, BARACK OBAMA, in his official capacity as President of the United States, Defendants, v. SENECA NATION OF INDIANS, Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

March 28, 2011.

Attorney(s) appearing for the Case

JANE BELLO BURKE ( Cornelius D. Murray , on the brief), O'Connor and Aronowitz, P.C., Albany, N.Y., for Plaintiffs-Appellees.

CAROL E. HECKMAN , Harter Secrest & Emery LLP, Buffalo, N.Y. ( Jeffrey A. Wadsworth , Harter Secrest & Emery LLP, Rochester, N.Y., and Riyaz Kanji , Kanji & Katzen, PLLC, Ann Arbor, Mich., on the brief), for Intervenor-Defendant-Appellant.

Present, ROBERT A. KATZMANN, DENNY CHIN, Circuit Judges, JOHN GLEESON, District Judge.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the district court be and hereby is AFFIRMED.

Intervenor-Defendant-Appellant Seneca Nation of Indians (the "Nation") appeals from the March 30, 2010 order of the district court denying the Nation's motion for permissive intervention pursuant to Federal Rule of Civil Procedure 24(b). On appeal...

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