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SENECA NATION OF INDIANS v. UNITED STATES

No. 468, Docket 28817.

338 F.2d 55 (1964)

SENECA NATION OF INDIANS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided October 29, 1964.

Attorney(s) appearing for the Case

Arthur Lazarus, Jr., Washington, D. C. (David E. Birenbaum and Strasser, Spiegelberg, Fried, Frank & Kampelman, Washington, D. C., of counsel), for appellant.

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., John T. Curtin, U. S. Atty., Buffalo, N. Y., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

The Seneca Nation of Indians appeals from an order of the United States District Court for the Western District of New York granting summary judgment to the United States in a condemnation suit. On October 11, 1963 the United States began condemnation proceedings to acquire certain land in Cattaraugus County, New York in connection with the Allegheny Reservoir Project. The Seneca Nation filed an answer specifically denying that the portion...

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