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.
Originally Decided: April 27, 2010.
Vacated and Remanded by the Supreme Court of the United States: January 10, 2011.
Michael R. Smith , David A. Reiser , Zuckerman Spaeder LLP, Washington, DC; Peter D. Carmen , Oneida Nation Legal Department, Verona, NY, for Plaintiff-Counter-Defendant-Appellee Oneida Indian Nation of New York.
Don B. Miller , Don B. Miller, P.C., Boulder, CO, for Putative Intervenor-Appellant Stockbridge-Munsee Community, Band of Mohican Indians.
On remand from U.S. Supreme Court: David M. Schraver , Nixon Peabody LLP, Rochester, NY, for Defendants-Counter-Claimants-Appellants Madison County, New York, and Oneida County, New York.
Seth P. Waxman , Wilmer Cutler Pickering Hale & Dorr LLP, Washington, DC, for Plaintiff-Counter-Defendant-Appellee Oneida Indian Nation of New York.
Don B. Miller , Don B. Miller, P.C., Boulder, CO, for Putative Intervenor-Appellant Stockbridge-Munsee Community, Band Of Mohican Indians.
Andrew D. Bing , Deputy Solicitor General ( Barbara D. Underwood , Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General, for Amicus Curiae State of New York.
Before: CABRANES, SACK, and HALL, Circuit Judges.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
These consolidated appeals, which have been returned to us on remand from the United States Supreme Court, once again call upon us to consider whether—and, if so, on what grounds—the plaintiff-appellee, the Oneida Indian Nation of New York (the "OIN"), is entitled to restrain the defendants-appellants, Madison County and Oneida County (the "Counties"), from foreclosing upon certain fee-title properties,
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