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ABENAKI NATION OF MISSISSQUOI v. HUGHES

No. 1367, Docket 92-6302.

990 F.2d 729 (1993)

The ABENAKI NATION OF MISSISSQUOI; The Abenaki Tribal Council; Dee Brightstar; Dorcus Churchill; Michael Delaney; Blackhorse Phillips; Hilda Robtoy; April St. Francis; David St. Francis; Homer St. Francis; Homer St. Francis; Robert Wells, all on their own behalfs and on behalf of the Abenaki People, Plaintiffs-Appellants, v. James K. HUGHES, Lt. Colonel, District Engineer of the New England Division of the Corps of Engineers of the United States Department of the Army; William F. Lawless, P.E., Chief, Regulatory Branch, Operations Division, of the Corps of Engineers of the United States Department of the Army; Philip R. Harris, Colonel, Division Engineer of the New England Division of the Corps of Engineers of the United States Department of the Army; Michael P.W. Stone, Secretary of the Army; The Village of Swanton, Vermont; George Lague, Village Manager of the Village of Swanton, Vermont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Marybeth McCaffrey, Middlebury, VT (James Allan Dumont, Sessions, Keiner, Dumont, Barnes & Everitt, of counsel), for plaintiffs-appellants.

Stephen C. Walke, Jr., Paterson & Walke, P.C., Montpelier, VT, for defendants-appellees The Village of Swanton, Vermont, and George Lague.

Thomas D. Anderson, Asst. U.S. Atty., Burlington, VT (Charles A. Caruso, U.S. Atty., Helen M. Toor, Chief, Civil Div., Gary Pasternak, Asst. Div. Counsel, Corps of Engineers, of counsel), for defendant-appellee The Army Corps of Engineers.

Before VAN GRAAFEILAND and WINTER, Circuit Judges, and POLLACK, District Judge.

PER CURIAM.

We affirm for substantially the reasons stated in Chief Judge Parker's opinion of October 22, 1992, 805 F.Supp. 234

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