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TUSCARORA NATION OF INDIANS v. POWER AUTHORITY

161 F.Supp. 702 (1958)

TUSCARORA NATION OF INDIANS, also known as Tuscarora Indian Nation, Plaintiff, v. POWER AUTHORITY OF The STATE OF NEW YORK, Robert Moses, and Superintendent of Public Works of The State of New York, John W. Johnson, Defendants.

United States District Court S. D. New York.

May 8, 1958.

Attorney(s) appearing for the Case

Strasser, Spiegelberg, Fried & Frank, New York City, for plaintiff, George A. Spiegelberg, New York City, of counsel.

Thomas F. Moore, Jr., New York City, for defendants, Power Authority of the State of New York and Robert Moses, Samuel I. Rosenman, New York City, John R. Davison, Albany, N. Y., Harold Levy, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of the State of New York for defendant John W. Johnson, Superintendent of Public Works of the State of New York, Paxton Blair, Solicitor Gen., Albany, N. Y., Julius L. Sackman, Associate Atty., Albany, N. Y., of counsel.

SUGARMAN, District Judge.

On April 19, 1958, the plaintiff filed a complaint in this court for a "declaration of rights and other legal relations including a declaratory judgment or decree herein, an order for permanent and temporary injunctive relief, and such further relief as may be necessary or proper." The complaint claims jurisdiction predicated upon a matter in controversy arising under the Constitution, laws or treaties of the United States.

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