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STATE OF NEW YORK v. WHITE

No. 148, Docket 75-7254.

528 F.2d 336 (1975)

The STATE OF NEW YORK, Plaintiff-Appellant, v. Danny WHITE et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Jeremiah Jochnowitz, Asst. Atty. Gen., Albany, N.Y. (Louis J. Lefkowitz, Atty. Gen., and Ruth Kessler Toch, Sol. Gen., Albany, N.Y., on the brief), for plaintiff-appellant.

Nancy Stearns, c/o Center for Constitutional Rights, New York City, and Robert T. Coulter, Washington, D.C., on the brief, for defendants-appellees.

Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N.Y., on the brief, for Douglas L. Bennett, Bonnie L. Bennett and Big Moose Property Owners Ass'n, applicants for intervention-appellants.

Before LUMBARD, FRIENDLY, and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

The State of New York, appeals from a March 27, 1975 order of the Northern District, Port, J., dismissing for lack of subject matter jurisdiction its complaint to regain possession and "remove a cloud on plaintiff's title" to 612.7 acres of land in Herkimer County, New York, which it had acquired by deed dated August 7, 1973, for the sum of $783,000.

The genesis of the present controversy lies in events far in the past. Following the...

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