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ONEIDA INDIAN NATION v. PHILLIPS

19-2737 August Term 2019.

981 F.3d 157 (2020)

ONEIDA INDIAN NATION, Plaintiff-Counter Defendant-Appellee, v. Melvin L. PHILLIPS, Sr. Individually and as Trustee, Melvin L. Phillips Sr./Orchard Party Trust, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 24, 2020.

Attorney(s) appearing for the Case

Michael R. Smith ( David A. Reiser , on the brief), Washington, DC, for Plaintiff-Counter Defendant-Appellee, Oneida Indian Nation.

Joseph R. Membrino , Cooperstown, NY, ( Claudia L. Tenney , Clinton, NY on the brief), for Defendants-Counter Claimants-Appellants, Melvin L. Phillips, Sr. and the Melvin L. Phillips, Sr./Orchard Party Trust.

Judge Menashi concurs in part and concurs in the judgment in a separate opinion.

The principal question presented in this matter concerns the tribal right to possession of land under the Indian Commerce Clause of the U.S. Constitution,1 federal treaties and statutes, and federal common law.

Defendants-Counter Claimants-Appellants Melvin L. Phillips, Sr...

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