ONEIDA INDIAN NATION OF N.Y. v. CLARK

No. 79-CV-652.

593 F.Supp. 257 (1984)

ONEIDA INDIAN NATION OF NEW YORK; Robert W. Burr, Jr., individually and in his capacity as President of the Oneida Indian Nation of New York; Harold Cornelius, individually and in his capacity as Vice-President of the Oneida Indian Nation of New York; Geralda Thompson, individually and in her capacity as Clerk of the Oneida Indian Nation of New York; Janice Luongo, individually and in her capacity as Recording Secretary of the Oneida Indian Nation of New York; Winnifred Jacobs, individually and in her capacity as Treasurer of the Oneida Indian Nation of New York; and Thomas Jones, Jr., individually and in his capacity as Sergeant-at-Arms of the Oneida Indian Nation of New York, and all as class representatives, Plaintiffs, v. William P. CLARK, individually and in his official capacity as Secretary of the Interior; Frank K. Richardson, individually and in his official capacity as Solicitor of the United States Department of Interior; Kenneth L. Smith, individually and in his official capacity as Assistant Secretary of the Interior-Indian Affairs; John W. Fritz, individually and in his official capacity as Deputy Assistant Secretary-Indian Affairs; William Ott, individually and in his official capacity as Acting Eastern Area Director, Defendants, Oneida Indian Nation of New York and Ray Halbritter, Defendant-Intervenors.

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

August 30, 1984.


Attorney(s) appearing for the Case

Bertram E. Hirsch, Floral Park, N.Y., for plaintiffs.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendants; Gustave DiBianco, Asst. U.S. Atty., Syracuse, N.Y., Colleen Kelley, of counsel.

Indian Law Resource Center, Washington, D.C., for defendant intervenors; Curtis Berkey, Washington, D.C., of counsel.


MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This is a tribal recognition action in which both plaintiffs and defendant-intervenors claim to be the rightful government of the Oneida Indian Nation of New York ["New York Oneidas"]. Plaintiffs are known as the "Executive Committee"; defendant-intervenors are known as the "Marble Hill Oneidas" or the "traditionalist faction".

Presently before the court are cross-motions for partial summary judgment...

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