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BANNER v. U.S.

No. 00-5006

238 F.3d 1348 (2001)

Gregory T. Banner, John T. Brahaney, Marie A. Brahaney, Karen L. Ewing, Alice M. Fluent, Joseph D. Fluent, Nathan Frank, James R. Freaney, Christine Freany, Carol K. Goergen, Robert L. Johnson, Nancy C. O'Brien, Sarah C. Owens, Ronald W. Schubert, Marjorie L. Schubert, Marie B. Schwab, Betty J. Seitz, Susan D. Swiech, Jerry A. Titus, Elizabeth Titus and the Salamanca Coalition of United Taxpayers, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED January 29, 2001

Attorney(s) appearing for the Case

David J. Sleight, Lustig & Brown, LLP, of Buffalo, New York, argued for plaintiffs-appellants.

Katherine Hazard, Attorney, Environment & Natural Resources Division, Appellate Section, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Lois J. Schiffer, Assistant Attorney General; Kathryn E. Kovacs, and John A. Bryson, Attorneys.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

DECISION

The appellants in this case are individuals who once leased portions of the Allegany Reservation from the Seneca Nation of Indians ("SNI") in the western part of the State of New York. The appellants argue that the enactment of a federal statute, the Seneca Nation Land Claims Settlement Act of 1990, 25 U.S.C. § 1774 (1994 & Supp. IV 2000) ("Act of 1990"), constitutes a taking of certain property interests in violation...

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