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SENECA NATION OF INDIANS v. STATE OF N.Y.

No. 85-CV-411C.

26 F.Supp.2d 555 (1998)

SENECA NATION OF INDIANS, Plaintiff, United States of America, Plaintiff-Intervenor, v. STATE OF NEW YORK, George Pataki, as Governor; Joseph Seymour, as Commissioner of General Services; Bernadette Castro, as Commissioner of Parks, Recreation and Historic Preservation; Joseph and Susan Chiapuso; Howard B. Whitney Estate; Walter L. Whitney; Jane E. Schuck; Kent Sandford; Richard J. and Beverly A. McCutcheon; Albert A. and Lucy Hoffman; Myles and Sandra Barraclough; Duane G. Glover; Paul H. and Virginia M. Geer; Deborah H. Baldwin; Robert L. and Eugenia Jones; Stephen M. Kane; Scott E. and Rosemary N. Fisher; William A. Campbell; David J. Gibson; Clarence J. Coffman, Sr.; Clarence J. Coffman, Jr.; C. James Coffman, Sr., and Jean Coffman; Eileen W. Garling; Robert F. and Susan F. Van Der Horst; Howard and Florence Luzier; Eugene and Lousie Hickey; Phillip and Shirley Confer; David C. and Frances E. Williams; Kenneth Campbell; Frederick Tapp; Susan Bunker, Defendants.

United States District Court, W.D. New York.

October 31, 1998.

Attorney(s) appearing for the Case

Jeanne Whiteing, Boulder, Colorado, Arlinda F. Locklear, Jefferson, Maryland, for plaintiff.

United States Department of Justice, Environment & Natural Resources Division, Indian Resources Section (Ann C. Juliano, of counsel), Washington, D.C., for plaintiff-intervenor United States.

Dennis C. Vacco, Attorney General of the State of New York (David B. Roberts, Assistant Attorney General, of counsel), Albany, New York, for defendants.

DECISION and ORDER

CURTIN, District Judge.

President Washington ... met with Cornplanter, Chief of the Seneca Nation, shortly after the enactment of the 1790 [Indian Nonintercourse] Act.1 They discussed the Senecas' complaints about land transactions, and Washington assured them that the new statute would protect their interests. Washington told Cornplanter: "Here, then, is the security for the remainder of your lands...

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