BOWEN v. DOYLE

No. 53, Docket 97-9572.

230 F.3d 525 (2000)

Dennis J. BOWEN, Sr., Individually and as President of the Seneca Nation of Indians, Plaintiff-Appellee, v. Vincent E. DOYLE, Jr., Justice, New York State Supreme Court, County of Erie, Penny Wolfgang, Justice, New York State Supreme Court, County of Erie, Defendants-Appellants, Tyrone Leroy, Rosemary Patterson, Intervenors-Plaintiffs, Ross L. John, Sr., Charles L. Ballagh, Linda Doxtator, Robert Kenjockety, Jr., Richard Jimeson, Arthur W. John, Rickey Armstrong, Sr., Karen Bucktooth, Pauline Redeye, Marsh Barnes Thompson, Geraldine Memmo, and Maxine Jimerson, Movants.

United States Court of Appeals, Second Circuit.

Decided: October 18, 2000.


Attorney(s) appearing for the Case

Douglas B.L. Endreson, Washington, D.C. (Anne D. Noto, Sonosky, Chambers, Sachse & Endreson, Washington, D.C., Michael A. Brady, Hagerty & Brady, Buffalo, N.Y., on the brief), for Plaintiff-Appellee.

Lew A. Millenbach, Assistant Solicitor General, Buffalo, N.Y. (Eliot Spitzer, Attorney General, Peter H. Schiff, Deputy Solicitor General, Peter B. Sullivan, Assistant Attorney General, on the brief), for Defendants-Appellants.

Before: JACOBS, LEVAL and SACK, Circuit Judges.


JACOBS, Circuit Judge:

This appeal arises out of a controversy over the governance of the Seneca Nation of Indians ("Seneca Nation" or "the Nation"), a federally-recognized Indian tribe with its own constitution. A suit over the membership of the Nation's Tribal Council was commenced before the Nation's Peace-makers Court. A suit arising out of the same governance crisis was thereafter commenced in the New York State Supreme...

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