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BENNETT v. FINK CONSTR. CO.

47 Misc.2d 283 (1965)

Rogene P. Bennett, Plaintiff, v. Fink Construction Co., Inc., Defendant.

Supreme Court, Special Term, Erie County.

August 10, 1965

Attorney(s) appearing for the Case

Lee Towne Adams for plaintiff. Eugene C. Tenney and Arthur Lazarus, Jr., for defendant.

MATTHEW J. JASEN, J.

Pursuant to CPLR 6301 plaintiff seeks to enjoin and restrain the defendant from erecting a building upon premises which the plaintiff claims to own.

The material facts in this case are not in dispute. The late Amos Pierce, father of Rogene Pierce Bennett, plaintiff herein was a Seneca Indian. Plaintiff's mother was a Cayuga Indian.

Plaintiff claims to own and possess as allottee...

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