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STOCKBRIDGE-MUNSEE COMMUNITY v. NEW YORK

Docket No. 13-3069.

756 F.3d 163 (2014)

STOCKBRIDGE-MUNSEE COMMUNITY, Plaintiff-Counter-Defendant-Appellant, v. State of NEW YORK, Mario Cuomo, as Governor of the State of New York, New York State Department of Transportation, Franklin White, as Commissioner of Transportation, Madison County, The County of Madison New York, Oneida County, New York, Town of Augusta, New York, Town of Lincoln, New York, Village of Munnsville, New York, Town of Smithfield, New York, Town of Stockbridge, New York, Town of Vernon, New York, Defendant-Counter-Claimant-Appellees, Oneida Indian Nation of New York, Defendant-Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2014.

Attorney(s) appearing for the Case

Don B. Miller , Don B. Miller, P.C., Boulder, CO ( Justin E. Driscoll, III , Brown & Weinraub, PLLC, New York, N.Y., on the brief), for Appellant.

Jeffrey W. Lang , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Denise A. Hartman , Assistant Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, N.Y., for State Defendants.

David H. Tennant ( Erik A. Goergen , on the brief), Nixon Peabody LLP, Rochester, NY, for County-Municipal Defendants.

Michael R. Smith ( David A. Reiser , Zuckerman Spaeder LLP, Washington, D.C.; Peter D. Carmen , Meghan M. Beakman , Oneida Nation Legal Department, Verona, New York, on the brief), Zuckerman Spaeder LLP, Washington, D.C.

Before: JACOBS, STRAUB, and RAGGI, Circuit Judges.

PER CURIAM.

The Stockbridge-Munsee Community ("Stockbridge"), a federally recognized Indian tribe residing on a federal Indian reservation in Wisconsin, appeals from a judgment of the United States District Court for the Northern District of New York (Kahn, J.), dismissing its claims asserting title of a tract of land in upstate New York. It is well-settled that claims by an Indian tribe alleging that it was unlawfully dispossessed of land early in America's history...

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