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ONEIDA OF THAMES BAND v. STATE OF N.Y.

Docket 84-7642, No. 629.

757 F.2d 19 (1985)

ONEIDA OF the THAMES BAND, Plaintiff-Appellant, Oneida Indian Nation of Wisconsin, Plaintiff-Appellee, The Houdenosaunee, et al., Plaintiffs-Intervenors-Appellees, v. STATE OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 5, 1985.

Attorney(s) appearing for the Case

Robert T. Coulter, Washington, D.C. (Curtis G. Berkey, Indian Law Resource Center, Washington, D.C., Gary Kelder, Daan Braveman, Syracuse University College of Law, Syracuse, N.Y., on brief), for plaintiff-appellant.

Allan van Gestel, Boston, Mass. (Jeffrey C. Bates, Christopher S. Dalton, Goodwin, Procter & Hoar, Boston, Mass., on brief), for defendants-appellees Twelve New York Counties and Ryan.

Arlinda Locklear, Washington, D.C. (Richard Dauphinais, Native American Rights Fund, Washington, D.C., Francis Skenandore, Oneida Tribal Law Office, Oneida, Wisc., on brief), for plaintiff-appellee Oneida Indian Nation of Wisconsin.

Curtis G. Berkey, Robert T. Coulter, Indian Law Resource Center, Washington, D.C., filed a brief, for plaintiff-intervenors-appellees the Houdenosaunee and the Constituent Nations.

Before NEWMAN, KEARSE and PRATT, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Perhaps in an effort to demonstrate a Parkinson's Law of litigation — an old dispute does not fade away, it breeds pretrial appeals — the parties to this suit involving Indian land claims dating back to 1785 and beyond are before our Court for the fourth time in advance of trial. The immediate issue concerns an order of the District Court for the Northern District of New York (Neal P. McCurn, Judge) granting the motion of...

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