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WESTERN MOHEGAN TRIBE v. ORANGE COUNTY

Docket No. 04-0449-CV.

395 F.3d 18 (2004)

The WESTERN MOHEGAN TRIBE AND NATION, also known as Muhheakunnuk, Plaintiff-Appellant, v. ORANGE COUNTY, Rensselaer County, Albany County, Columbia County, Dutchess County, Rockland County, Westchester County, Sullivan County, Greene County, Defendants, The STATE of New York and George Pataki, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2004.

Attorney(s) appearing for the Case

Robert L. Hirtle, Rogin, Nassau, Caplan, Lassman & Hirtle, Hartford, Connecticut (Robert N. Isseks, Alex Smith, Angelo R. Bisceglie, on the brief), for Plaintiff-Appellant.

Andrew D. Bing, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Caitlin J. Halligan and Daniel Smirlock, on the brief), for Defendants-Appellees.

Before: MESKILL, CALABRESI, and WESLEY Circuit Judges.

PER CURIAM.

Plaintiff-Appellant the Western Mohegan Tribe and Nation ("the Western Mohegan Tribe" or "the Tribe") brought the instant action in the Southern District of New York (Brieant, J.) claiming that the Defendants-Appellees New York and its Governor, George Pataki ("defendants"), were, in violation of federal common law and the Indian Trade and Intercourse Act, 25 U.S.C. § 177, wrongly in possession of land contained in ten New York counties.

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