COUNTY OF ONEIDA v. ONEIDA INDIAN NATION

No. 83-1065.

470 U.S. 226 (1985)

COUNTY OF ONEIDA, NEW YORK, ET AL. v. ONEIDA INDIAN NATION OF NEW YORK STATE ET AL.

Supreme Court of United States.

Decided March 4, 1985


Attorney(s) appearing for the Case

Allan van Gestel argued the cause for petitioners in No. 83-1065. With him on the briefs was Jeffrey C. Bates. Messrs. van Gestel and Bates also filed a brief for respondents County of Oneida et al. in No. 83-1240. Peter H. Schiff, Deputy Solicitor General of New York, argued the cause for petitioner in No. 83-1240. With him on the briefs were Robert Abrams, Attorney General, Robert Hermann, Solicitor General, and Lew A. Millenbach, Assistant Attorney General.

Arlinda Locklear argued the cause for respondents Oneida Indian Nation et al. in both cases. With her on the brief for respondents Oneida Indian Nation of Wisconsin et al. were Richard Dauphinais, Francis Skenandore, Norman Dorsen, and Bertram Hirsch. Robert T. Coulter filed a brief for respondent Oneida of the Thames Band Council.

Edwin S. Kneedler argued the cause for the United States as amicus curiae in support of the judgment below. With him on the brief were Solicitor General Lee, Assistant Attorney General Habicht, Deputy Solicitor General Claiborne, Jacques B. Gelin, and Arthur E. Gowran.

Briefs of amici curiae urging affirmance were filed for the American Land Title Association by William T. Finley, Jr.; and for the Association on American Indian Affairs, Inc., et al. by Arthur Lazarus, Jr., and Jerry C. Straus.

Richard K. Hughes filed a brief for the County of Franklin, New York, et al. as amici curiae.


JUSTICE POWELL delivered the opinion of the Court.*

These cases present the question whether three Tribes of the Oneida Indians may bring a suit for damages for the occupation and use of tribal land allegedly conveyed unlawfully in 1795.

I

The Oneida Indian Nation of New York, the Oneida Indian Nation of Wisconsin, and the Oneida of the Thames Band Council (the Oneidas) instituted...

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