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

No. 629, Docket 84-7642.

771 F.2d 51 (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 August 26, 1985.

Certiorari Denied October 7, 1985.

Attorney(s) appearing for the Case

Arlinda Locklear, Native American Rights Fund, Washington, D.C., filed papers in support of the motion of plaintiff-appellee Oneida Indian Nation of Wisconsin.

Robert T. Coulter, Curtis G. Berkey, Indian Law Resource Center, Washington, D.C., filed papers in opposition to the motion on behalf of plaintiff-appellant Oneida of the Thames Band and plaintiff-intervenors-appellees The Houdenosaunee.

Before NEWMAN, KEARSE and PRATT, Circuit Judges.

Certiorari Denied October 7, 1985. See 106 S.Ct. 78.

JON O. NEWMAN, Circuit Judge:

This motion to recall a mandate and vacate a prior decision poses in an unusual context issues concerning the orderly process of appellate review, including discretionary review by the Supreme Court in the exercise of its certiorari jurisdiction. For reasons that follow, we conclude that we should not recall our mandate.

Our prior decision entertained an appeal from...

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