Maisie SHENANDOAH; Wilbur Homer; Raymond Obomsawin; Thelma Buss; and Melvin Phillips, individually and as Representatives of the Oneida Nation; Diane Shenandoah; Joanne Shenandoah; Victoria Halsey; Matthew Jones; Leonard Babcock; and Tammy Thomas, Plaintiffs-Appellants,
v.
The UNITED STATES DEPARTMENT OF THE INTERIOR, Bruce Babbitt, as Secretary of the Interior of the United States; The Bureau of Indian Affairs; Ada Deer, as Assistant Secretary of the Interior for Indian Affairs; Franklin Keel, as Eastern Area Director, Bureau of Indian Affairs; Key Bank of New York; Arthur Raymond Halbritter; and Marilyn John, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued February 2, 1998.
Decided October 6, 1998.
Attorney(s) appearing for the Case
Barbara J. Olshansky, (Alberto G. Santos, Laura Davis, Joan M. Perryman, Michael E. Deutsch, on the brief), Center for Constitutional Rights, New York City, for plaintiffs-appellants.
M. Alice Thurston, United States Department of Justice Environment & Natural Resources Division, Washington, D.C. (Robert L. Klarquist, Edward J. Passarelli Appellate Section, Attorneys at United States Department of Justice Environmental & Natural Resources Division, Lois J. Schiffer, Deputy Assistant Attorney General, Thomas J. Maroney, United States Attorney for the Northern District of New York, William H. Pease, Assistant United States Attorney, Syracuse, N.Y., Scott Keep, David Moran, United States Department of the Interior, on the brief), for Federal defendants-appellees.
William W. Taylor, III (Michael R. Smith, Mark D. Harris, on the brief), Zuckerman, Spaeder, Goldstein, Taylor & Kolker, LLP, Washington, D.C., for defendants-appellees Halbritter and John.
Mark J. Moretti, Phillips, Lytle, Hitchcock, Blaine & Huber, LLP, Rochester, New York, submitted for defendant-appellee Key Bank of New York.
BEFORE: KEARSE, WALKER, Circuit Judges, and WEINSTEIN, District Judge.
United States Court of Appeals, Second Circuit.
John M. WALKER, Jr., Circuit Judge.
Plaintiffs-appellants Maisie Shenandoah, et al., members of the Oneida Indian Nation ("Oneida Nation" or "Nation"), appeal from the April 14, 1997 judgment of the United States District Court for the Northern District of New York (Rosemary S. Pooler, District Judge). Plaintiffs' complaint alleged that defendants-appellees, including the United States and certain Nation members that the United States had recognized...
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