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SENECA NATION OF INDIANS v. STATE OF NEW YORK

No. Civ-1971-528.

397 F.Supp. 685 (1975)

SENECA NATION OF INDIANS, Plaintiff, v. The STATE OF NEW YORK et al., Defendants.

United States District Court, W. D. New York.

July 24, 1975.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C. (Arthur Lazarus, Jr., Washington, D.C., of counsel), for plaintiff.

Louis J. Lefkowitz, Atty. Gen. (Robert T. Mulig, Asst. Atty. Gen., Albany, N. Y., of counsel), for defendants.

CURTIN, Chief Judge.

The plaintiff has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This action was instituted after several maps were filed in 1971 pursuant to Section 30 of the Highway Law of the State of New York, describing land within the Allegany Reservation of the plaintiff which the State wished to appropriate in connection with the construction of a highway. The State claims that the filing vested title in the State...

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