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PYKE v. CUOMO

Docket No. 00-9399.

258 F.3d 107 (2001)

Joseph H. PYKE, individually and as personal representative of the Estate of Matthew Pyke; May P. Cole; Charles Benedict; Patricia A. Benedict; Julius M. Cook; Beverly J. Pyke; Edward Smoke; Selena M. Smoke; Margaret Pyke Thompson, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. Mario Cuomo; Thomas A. Constantine; Robert B. Leu; Ronald R. Brooks, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 20, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Shelly (George F. Carpinello, on the brief), Boies, Schiller & Flexner, LLP, Albany, N.Y., for plaintiffs-appellants.

Assistant Solicitor General Andrew D. Bing (Solicitor General Preeta D. Bansal, Deputy Solicitor General Daniel Smirlock, Senior Counsel Peter H. Schiff, on the brief), for Eliot Spitzer, Attorney General of the State of New York, Albany, N.Y., for defendants-appellees.

Before LEVAL, Circuit Judge, and TRAGER, District Judge.

LEVAL, Circuit Judge:

Plaintiffs appeal from an order of the United States District Court for the Northern District of New York (Neal P. McCurn, Senior District Judge), granting summary judgment to the defendants, who are (or were) officials of the State of New York, on plaintiffs' claims that defendants deprived them of equal protection of the laws by refusing to provide them with police protection because they are Native Americans.

Plaintiffs contend that...

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