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NEW YORK v. SHINNECOCK INDIAN NATION

No. 03-CV-3243(TCP) (ARL).

274 F.Supp.2d 268 (2003)

State of NEW YORK, New York State Racing and Wagering Board, and New York State Department of Environmental Conservation, Plaintiffs, v. THE SHINNECOCK INDIAN NATION, Charles K. Smith, II, James W. Eleazar, Jr., Lance A. Gumbs and Fred Bess, Defendants.

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

July 29, 2003.

Attorney(s) appearing for the Case

George Hammarth, Assist. Atty. Gen., Hauppauge, NY, for plaintiff.

Christopher H. Lunding, Geary, Gottlieb, Steen & Hamilton, New York City, for defendant

MEMORANDUM AND ORDER

PLATT, District Judge.

The plaintiffs commenced this action with a Complaint filed on June 30, 2003, in the Supreme Court Suffolk County seeking temporary and preliminary injunctive, as well as declaratory, relief.

On its face, the Complaint alleges five causes of action.

In the first cause of action, the plaintiffs allege, in conclusion:

77. Therefore, defendants [sic ] planned actions to build...

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