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NEW YORK v. SHINNECOCK INDIAN NATION

Docket Nos. 08-1194-cv(L), 08-1195-cv(CON).

686 F.3d 133 (2012)

State of NEW YORK, New York State Racing and Wagering Board, and New York State Department of Environmental Conservation, Plaintiffs-Appellees, Town of Southampton, Consolidated-Plaintiff-Appellee, v. SHINNECOCK INDIAN NATION, Lance A. Gumbs, Randall King, Karen Hunter, and Frederick C. Bess, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 25, 2012.

Attorney(s) appearing for the Case

Christopher H. Lunding ( Evan A. Davis , Ashika Singh , on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for Defendants-Appellants.

Denise A. Hartman , Assistant Solicitor General ( Eric T. Schneiderman , Attorney General of the State of the New York, Barbara D. Underwood , Solicitor General, Andrew D. Bing , Deputy Solicitor General, on the brief), Albany, NY, for State Plaintiffs-Appellees.

Michael S. Cohen ( David M. Schraver , David H. Tennant , on the brief), Nixon Peabody LLP, Jericho, NY, for Consolidated Plaintiff-Appellee Town of Southampton.

Judge HALL dissents in a separate opinion.

JOHN M. WALKER, JR., Circuit Judge:

The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State...

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