CAYUGA INDIAN NAT. OF NEW YORK v. PATAKI

Nos. 80-CV-930, 80-CV-960.

83 F.Supp.2d 318 (2000)

The CAYUGA INDIAN NATION OF NEW YORK, et al., Plaintiffs, and The Seneca-Cayuga Tribe of Oklahoma, Plaintiff-Intervenor, v. George E. PATAKI, as Governor of the State of New York, et. al., Defendants.

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

January 19, 2000.


Attorney(s) appearing for the Case

Mariscal Weeks McIntryre & Friedlander, Phoenix, Arizona, for plaintiff-intervenors; Glenn M. Feldman, of counsel.

Rubinbaum, LLP, New York City, for plaintiffs Cayuga Indian Nation of New York; Raymond J. Heslin, Martin R. Gold, of counsel.

Hon. Eliot Spitzer, Attorney General of the State of New York, Albany, NY, for State defendants; David B. Roberts, Assistant Attorney General, of counsel.

Huber Lawrence & Abell, New York City, for defendant New York State Electric & Gas Corporation; Theodore F. Duver, of counsel.

Goodwin Procter & Hoar, Boston, Mass., for Miller Brewing and defendant Class; Anthony M. Feeherry, of counsel.

Harris Beach & Wilcox, Rochester, NY, Brian Laudadio, William L. Dorr, of counsel, for defendant Counties.

Hank Meshorer, U.S. Department of Justice, Environment & Natural Division, Washington, D.C., for United States Special Litigation Section.


MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

Introduction1

It is an understatement to say that particularly in recent years the parties' damage theories have been fluid. After eighteen years of litigation and sporadic, unsuccessful negotiation attempts, faced with the harsh reality of a trial, in July, 1998, the parties made the first of several...

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