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ONEIDA INDIAN NATION OF NEW YORK v. ONEIDA COUNTY

Nos. 545, 546 and 643, Dockets 82-7436, 82-7486 and 82-7526.

719 F.2d 525 (1983)

The ONEIDA INDIAN NATION OF NEW YORK STATE, a/k/a The Oneida Indian Nation of New York, a/k/a The Oneida Indians of New York; The Oneida Indian Nation of Wisconsin, a/k/a The Oneida Tribe of Indians of Wisconsin, Inc.; and The Oneida of the Thames Band Council, Plaintiffs-Appellants-Cross-Appellees, v. The COUNTY OF ONEIDA, New York and The County of Madison, New York, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants, v. STATE OF NEW YORK, Third Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 29, 1983.

Certiorari Granted March 19, 1984.

Attorney(s) appearing for the Case

Arlinda Locklear, Washington, D.C. (Lawrence Aschenbrenner, Native American Rights Fund, Washington, D.C., Francis Skenandore, Oneida, Wis., Norman Dorsen, New York City, of counsel), for Oneida Indian Nation of Wisconsin and Oneida of the Thames Band.

Bertram E. Hirsch, Floral Park, N.Y., for Oneida Indian Nation of New York.

Jeremiah Jochnowitz, Asst. Sol. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Acting Atty. in Chief Appeals and Opinions, Albany, N.Y., of counsel), for State of N.Y.

Allan van Gestel, Boston, Mass. (Jeffrey C. Bates, Laura L. Carroll, Goodwin, Procter & Hoar, Boston, Mass., of counsel), for County of Oneida, N.Y. and County of Madison, N.Y.

Robert T. Coulter, Washington, D.C. (Curtis G. Berkey, Steven M. Tullberg, Indian Law Resource Center, Washington, D.C., of counsel), for amicus curiae The Houdenosaunee.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.

Certiorari Granted March 19, 1984. See 104 S.Ct. 1590.

LUMBARD, Circuit Judge:

All three parties appeal from the judgment of the Northern District of New York, Edmund J. Port, Judge. The defendants, Counties of Oneida and Madison, New York, appeal from Judge Port's decision holding them liable for wrongful possession of plaintiffs' land. 434 F.Supp. 527 (N.D.N.Y.1977). Plaintiffs Oneida Indian Nation of New York...

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