ONEIDA INDIAN NATION OF NEW YORK, et al., Plaintiffs-Appellants, Cross-Appellees,
v.
STATE OF NEW YORK, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oswego, Oneida, Onondaga, St. Lawrence and Tioga, Individually and as Class Representatives, Defendants-Appellees, Cross-Appellants.
ONEIDA INDIAN NATION OF WISCONSIN and Oneida of the Thames Band, Plaintiffs-Appellants, Cross-Appellees,
v.
STATE OF NEW YORK, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence and Tioga, New York, and Valentine Ryan, New York Electric & Gas Corp., St. Regis Paper Co., and Georgia Pacific Corp., Individually and as Class Representatives, Defendants-Appellees, Cross-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 28, 1982.
Decided October 4, 1982.
Attorney(s) appearing for the Case
Arlinda Locklear, Washington, D.C. (Lawrence Aschenbrenner, Native American Rights Fund, Washington, D.C., Francis Skenandore, Oneida, Wis., Norman Dorsen, New York City, of counsel), for Oneida Indian Nation of Wisconsin and Oneida of the Thames Band.
Bertram E. Hirsch, Floral Park, N.Y., for Oneida Indian Nation of New York.
Jeremiah Jochnowitz, Asst. Sol. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., State of N.Y., Shirley Adelson Siegel, Sol. Gen., Franklin K. Breselor, Asst. Atty. Gen., Albany, N.Y., of counsel), for State of N.Y.
Allan van Gestel, Boston, Mass. (Jeffrey C. Bates, Goodwin, Procter & Hoar, Boston, Mass., of counsel), for the 12 New York Counties and Valentine Ryan, Individually and as Class Representatives.
Howard M. Schmertz, New York City (Huber, Magill, Lawrence & Farrell, New York City, of counsel), for New York State Electric & Gas Corp.
Richard D. Davidson, Syracuse, N.Y. (Hiscock, Lee, Rogers, Henley & Barclay, Syracuse, N.Y., of counsel), for St. Regis Paper Co. and Georgia Pacific Corp., Individually and as Class Representatives.
Robert T. Coulter, Washington, D.C. (Curtis G. Berkey, Indian Law Resource Center, Washington, D.C., of counsel), for amicus curiae The Houdenosaunee.
Before MANSFIELD and KEARSE, Circuit Judges, CABRANES, District Judge.
United States Court of Appeals, Second Circuit.
MANSFIELD, Circuit Judge:
For the first time in Indian land claim litigation a federal court is asked to invalidate land purchases made by a state from Indian tribes prior to the adoption of the United States Constitution, allegedly in violation of the Articles of Confederation. The plaintiffs in this consolidated action are the direct successors in interest to the Oneida Indian Nation ("Oneida"), whose members since time immemorial had prior to the American Revolution...
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