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PYKE v. CUOMO

Docket Nos. 07-0334-cv(L), 07-3524(CON).

567 F.3d 74 (2009)

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, and Ronald R. Brooks, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 27, 2009.

Attorney(s) appearing for the Case

David A. Barrett (Jeffrey S. Shelly, on the brief) Boies, Schiller & Flexner, LLP, Albany, N.Y., for Plaintiffs-Appellants.

Frank Brady, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, and Andrew D. Bing, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, N.Y., for Defendants-Appellees Thomas A. Constantine, Robert B. Leu, and Ronald R. Brooks.

Lawrence O. Kamin (Lisa D. Bentley, on the brief) Wilkie Farr & Gallagher LLP, New York, N.Y., for Defendant-Appellee Mario Cuomo.

Before: CALABRESI and WESLEY, Circuit Judges, and DRONEY, District Judge.

PER CURIAM:

This case arises from widespread, violent unrest on a Mohawk Indian reservation in New York in the late 1980s and early 1990s. At issue is the response of certain New York officials to that crisis. Plaintiffs, as representatives of a class, argue that Defendants—all of whom are government officials with some responsibility for the policing of Indian lands—violated Plaintiffs' rights under the Equal...

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