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ONEIDA INDIAN NATION OF N. Y. v. CTY. OF ONEIDA

No. 70-CV-35.

434 F.Supp. 527 (1977)

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., and the Oneida of the Thames Band Council, Plaintiffs, v. The COUNTY OF ONEIDA, New York, and the County of Madison, New York, Defendants.

United States District Court, N. D. New York.

July 12, 1977.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N.Y., for plaintiffs; George C. Shattuck, Syracuse, N.Y., of counsel.

Donald E. Keinz, Utica, N.Y., for defendant County of Oneida; James P. O'Rourke, Boonville, N.Y., of counsel.

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

MEMORANDUM-DECISION AND ORDER

PORT, Senior District Judge.

This case tests the consequences of the failure of the State of New York to comply with the provisions of the Indian Nonintercourse Act, enacted by the first Congress in 1790 and reenacted in substance by subsequent Congresses to the present date. 25 U.S.C. § 177. Familiarity with the prior opinions in the case is assumed.1

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