ONEIDA INDIAN NATION OF WIS. v. STATE OF N.Y.

No. 893, Docket 83-7910.

732 F.2d 261 (1984)

ONEIDA INDIAN NATION OF WISCONSIN, Plaintiff-Appellee, Oneida of the Thames Band, Plaintiff-Appellee, The Houdenosaunee, et al., Applicants-Intervenors-Appellants, v. STATE OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 1984.

Opinion on Denial of Rehearing May 29, 1984.


Attorney(s) appearing for the Case

Robert T. Coulter, Washington, D.C. for applicants-intervenors-appellants, The Houdenosaunee and certain constituent nations.

Richard Dauphinais, Washington, D.C. (Arlinda Locklear, Native American Rights Fund, Washington, D.C., Francis Skenandore, Oneida Tribal Law Office, Oneida, Wis., Norman Dorsen, New York University Law School, New York City, on the brief), for plaintiff-appellee Oneida Indian Nation of Wisconsin.

Daan Braveman, Syracuse, N.Y., Syracuse University College of Law, for plaintiff-appellee Oneida of the Thames Band.

Allan Van Gestel, Boston, Mass. (Jeffrey C. Bates, Christopher S. Dalton, Goodwin, Procter & Hoar, Boston, Mass., on the brief), for defendants-appellees Twelve New York Counties and Valentine Ryan, individually and on behalf of defendant class.

Richard K. Hughes, Syracuse, N.Y. for defendants-appellees St. Regis Paper Co., individually and as class representative, and Georgia Pacific Corp., as class representative.

Before NEWMAN and KEARSE, Circuit Judges, and BRIEANT, District Judge.


BRIEANT, District Judge:

Appellant, the Houdenosaunee, or "People of the Longhouse," also known as the Six Nations Iroquois Confederacy, together with five of its constituent nations, the Mohawk, Oneida, Onondaga, Seneca and Tuscarora nations, appeal from an order of the United States District Court of the Northern District of New York (McCurn, J.), which denied leave to intervene as of right in a pending action for ejectment and to recover damages for trespass to...

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