ONEIDA INDIAN NATION OF NEW YORK, Plaintiff-Counter-Defendant-Appellee,
v.
MADISON COUNTY and ONEIDA COUNTY, NEW YORK, Defendants-Counter-Claimants-Appellants,
Stockbridge-Munsee Community, Band of Mohican Indians, Putative Intervenor-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: November 6, 2007.
Final Submission: July 20, 2009.
Decided: April 27, 2010.
Attorney(s) appearing for the Case
David M. Schraver, Nixon Peabody LLP, Rochester, NY, for Defendants-Counter-Claimants-Appellants.
Michael R. Smith, Zuckerman Spaeder LLP (David A. Reiser, of counsel; Peter D. Carmen of Oneida Nation Legal Department, Verona, NY, on the brief), Washington, DC, for Plaintiff-Counter-Defendant-Appellee.
Don B. Miller, Don. B. Miller, P.C., Boulder, CO, for Putative Intervenor-Appellant.
Andrew D. Bing, Assistant Solicitor General, State of New York (Andrew M. Cuomo, Attorney General, on the brief; Barbara D. Underwood, Solicitor General; Daniel Smirlock, Deputy Solicitor General; and Peter H. Schiff, Senior Counsel, of counsel; Dwight A. Healy, White & Case LLP, co-counsel), New York, NY, for Amicus Curiae State of New York.
Ronald J. Tenpas, Assistant Attorney General; Samuel C. Alexander, Elizabeth Ann Peterson, and Kathryn E. Kovacs, U.S. Department of Justice Environment & Natural Resources Division, Appellate Section; and Thomas Blaser, U.S. Department of the Interior, Washington, DC, for Amicus Curiae United States.
Judge CABRANES, joined by Judge HALL, concurs in a separate opinion.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
This appeal is but the latest chapter in a lengthy dispute over the payment of state and local taxes by the plaintiff-appellee Oneida Indian Nation of New York (the "OIN"). The Supreme Court most recently addressed the OIN's tax obligations in City of Sherrill, N.Y. v. Oneida Indian Nation of N.Y.,544 U.S. 197, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005) ("Sherrill"). The Court rejected the OIN's contention...
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