MOHEGAN TRIBE, Plaintiff-Appellee,
v.
STATE OF CONNECTICUT, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 12, 1980.
Decided December 17, 1980.
As Modified January 27, 1981.
Attorney(s) appearing for the Case
Francis J. MacGregor, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen., Gerard J. Dowling, Asst. Atty. Gen., Hartford, Conn., of counsel), for defendant-appellant.
Jerome M. Griner, West Hartford, Conn., for plaintiff-appellee.
Richard S. Cohen, Atty. Gen. of the State of Maine, Augusta, Me. (James D. St. Clair, William F. Lee, Hale & Dorr, Boston, Mass., of counsel), Special Counsel to the State of Maine as amicus curiae.
Thomas N. Tureen, Portland, Maine, Richard B. Collins, Boulder, Colo., Native American Rights Fund, counsel for Passamaquoddy Tribe and the Penobscot Nation as amicus curiae.
Before FEINBERG, Chief Judge, and LUMBARD and OAKES, Circuit Judges.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
This appeal requires us to decide whether the Nonintercourse statute,1 which, since 1790, has prohibited the sale of Indian land unless conveyed by a treaty approved by the federal government applies to land throughout the United States. The appeal arises out of a suit brought against the State of Connecticut in the District Court for Connecticut by the Mohegan Tribe of Indians to regain possession of some 2,500...
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