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WESTERN MOHEGAN TRIBE v. STATE OF NEW YORK

No. 00-7766.

246 F.3d 230 (2001)

Western Mohegan Tribe and Nation of New York and Ronald A. Roberts, a/k/a Chief Golden Eagle, individually and as Chief of the Western Mohegan Tribe and Nation, Plaintiffs-Appellants, v. State of New York, New York State Office of Parks, Recreation, and Historic Preservation, Bernadette Castro, sued in her official capacity as Commissioner of the New York State Office of Parks, Recreation, and Historic Preservation, George E. Pataki, sued herein as Governor of the State of New York, John H. Malloy, Inc. and John Doe(s), individually and severally, Defendants-Appellees.

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

Decided: April 17, 2001.

Attorney(s) appearing for the Case

Joshua A. Sabo, Albany, N.Y. (Donohue, Sabo, Varley & Armstrong, P.C., of counsel), for Plaintiffs-Appellants.

Andrea Oser, Assistant Solicitor General, Albany, N.Y. (Eliot Spitzer, Attorney General; Nancy A. Spiegel, Assistant Solicitor General; and Peter H. Schiff, Senior Counsel, of counsel), for State Defendants-Appellees.

Before: WALKER, Chief Judge, OAKES, and PARKER, Circuit Judges.

OAKES, Senior Circuit Judge:

The Western Mohegan Tribe and Nation of New York and its chief Robert A. Roberts (collectively, the "Tribe") moved for a preliminary injunction against the State of New York and various state offices and officials (collectively, the "State"), seeking to prevent development of a state park. The United States District Court for the Northern District of New York, Lawrence E. Kahn, Judge, dismissed the Tribe's claim in its entirety...

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