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ONEIDA INDIAN NATION OF N. Y. STATE v. COUNTY OF ONEIDA, N. Y.

No. 720, Docket 72-1029.

464 F.2d 916 (1972)

The ONEIDA INDIAN NATION OF NEW YORK STATE, also known as the Oneida Nation of New York, also known as the Oneida Indians of New York, and The Oneida Indian Nation of Wisconsin, also known as the Oneida Tribe of Indians of Wisconsin, Inc., Appellants, v. The COUNTY OF ONEIDA, NEW YORK, and The County of Madison, New York, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 12, 1972.

Attorney(s) appearing for the Case

George C. Shattuck, Syracuse, N. Y. (Bond, Schoeneck & King, Syracuse, N. Y., of counsel), for appellants.

William L. Burke, Atty. for County of Madison, Hamilton, N. Y., for County of Madison.

Rocco S. Mascaro, Utica, N. Y. (Raymond M. Durr, Boonville, Atty. for County of Oneida, of counsel), for County of Oneida.

Charles Donaldson, Syracuse, N. Y., of counsel, American Civil Liberties Union and David H. Getches, Boulder Colo., and Peter J. Aschenbrenner, of counsel, Native American Rights Fund, for appellants, amicus curiae.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

FRIENDLY, Chief Judge:

This appeal from an order of the District Court for the Northern District of New York, dismissing a complaint by two Indian nations for want of federal jurisdiction, takes us back to the early days of the Republic. Although on the surface the controversy seems highly appropriate for federal cognizance, that claim shatters on the rock of the "wellpleaded complaint" rule for determining federal question jurisdiction, and we find no other basis...

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