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ONEIDA INDIAN NATION OF NEW YORK v. MADISON COUNTY

No. 5:00-CV-506.

401 F.Supp.2d 219 (2005)

ONEIDA INDIAN NATION OF NEW YORK, Plaintiff, v. MADISON COUNTY, Defendant.

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

October 27, 2005.

Attorney(s) appearing for the Case

MacKenzie Hughes LLP, Syracuse, NY, for Plaintiff, Peter D. Carmen, of counsel.

Zuckerman Spaeder LLP, Washington, DC, for Plaintiff, Michael R. Smith, William W. Taylor, III, of counsel.

Nixon Peabody LLP, Clinton Square, Rochester, NY, for Defendant, David M. Schraver, G. Robert Witmer, Jr., John J. Field, of counsel.

Hon. Eliot Spitzer, Attorney General for the State of New York, The Capitol, Albany, NY, for Amicus State of New York.

Howard L. Zwickel, David B. Roberts, Ass't Attorneys General, of counsel.

MEMORANDUM-DECISION and ORDER and PERMANENT INJUNCTION

HURD, District Judge.

A Nation may be said to consist of its territory, its people, and its laws. The territory is the only part which is of certain durability. President Abraham Lincoln Annual Message to Congress December 1, 1862

A district court should not permit the taking of a sovereign nation's land against its will by foreclosure...

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