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POODRY v. TONAWANDA BAND OF SENECA INDIANS

No. 492, Docket 95-7490, 95-7492, 95-7498, 95-7502 and 95-7504.

85 F.3d 874 (1996)

Peter L. POODRY, David C. Peters, Susan LaFromboise, John A. Redeye, and Stonehorse Lone Goeman, Petitioners-Appellants, v. TONAWANDA BAND OF SENECA INDIANS; Bernard Parker, a/k/a Ganogehdaho; Kervin Jonathan, a/k/a Skongataigo; Emerson Webster, a/k/a Gauhnahgoi; Darren Jimerson, a/k/a Sohjeahnohous; Harley Gordon, a/k/a Gah-En-Keh; James Logan; and Darwin Hill, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 16, 1996.

Attorney(s) appearing for the Case

Joseph E. Zdarsky, Buffalo, New York, James Cohen, Minneapolis, Minnesota (Gerald T. Walsh, Zdarsky, Sawicki & Agostinelli, Buffalo, New York, of counsel), for petitioners-appellants.

Harold M. Halpern, Buffalo, New York (Borins, Halpern & Stromberg), for respondents-appellees.

Before FEINBERG, JACOBS, and CABRANES, Circuit Judges.

JOSE A. CABRANES, Circuit Judge:

The petitioners are members of the Tonawanda Band of Seneca Indians, a federally recognized Indian tribe. They claim that on January 24, 1992, certain tribal officials summarily convicted them of "treason" and sentenced them to permanent "banishment" from the Tonawanda Seneca Indian Reservation ("Tonawanda Reservation"). The orders of "banishment" read in part as follows: "You are to leave now and never return.... [Y]our name is removed...

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