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CAYUGA INDIAN NATION OF NEW YORK v. CUOMO

Nos. 80-CV-930, 80-CV-960.

565 F.Supp. 1297 (1983)

The CAYUGA INDIAN NATION OF NEW YORK, by its Chiefs, Franklin PATTERSON, James Leaffe, Vernon Isaac, Kenneth John, and Frank Bonamie, Individually and as Members of the Cayuga Indian Nation of New York, Plaintiffs, and The Seneca-Cayuga Tribe of Oklahoma, Plaintiff-Intervenor, v. Mario M. CUOMO, as Governor of the State of New York; The State of New York; Miller Brewing Company; The County of Cayuga, New York; Consolidated Rail Corporation; David L. Koch; George G. Souhan; The County of Seneca, New York; and New York State Electric and Gas Corporation, Individually and as representatives of all others similarly situated, Defendants. The CAYUGA INDIAN NATION OF NEW YORK, By its Chiefs, Franklin PATTERSON, James Leaffe, Vernon Isaac, Kenneth John, and Frank Bonamie, Individually and as Members of the Cayuga Indian Nation of New York, Plaintiffs, and The Seneca-Cayuga Tribe of Oklahoma, Plaintiff-Intervenor, v. William J. KIRK, Gail Kirk, Henry W. Koch, Barbara F. Koch, Robert Maier, Charles Hitchcock, Philo Bacon, Wilma Anthony, Daniel A. DePasquale, Alice M. DePasquale, Richard Hill, and Virginia Hill, Defendants.

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

As Amended September 19, 1983.

Attorney(s) appearing for the Case

Wender, Murase & White, Washington, D.C., Meggesto & Meggesto, Syracuse, N.Y., for plaintiffs; Arthur J. Gajarsa, Kenneth A. Marra, Washington, D.C., Judy Lewis Meggesto, Syracuse, N.Y., of counsel.

Shack & Kimball, P.C., Washington, D.C., Wiles, Fahey & Lynch, Syracuse, N.Y., for plaintiff-intervenor; Glenn M. Feldman, John B. Beaty, Washington, D.C., Joseph E. Fahey, Syracuse, N.Y., of counsel.

Robert Abrams, Atty. Gen. of N.Y., Albany, N.Y., Hale & Dorr, Goodwin, Proctor & Hoar, Boston, Mass., Huber Lawrence & Abell, New York City, Hiscock, Lee, Rogers, Henley & Barclay, Syracuse, N.Y., for defendants; Jeremiah Jochnowitz, Asst. Sol. Gen., Albany, N.Y., James D. St. Clair, William F. Lee, Donald R. Frederico, Allan Van Gestel, Jeffrey C. Bates, Boston, Mass., Howard M. Schmertz, New York City, Richard D. Davidson, Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

The Cayuga Indian Nation and five chiefs of that tribe seek a declaration of their current ownership of and right to possess a 64,015 acre tract of land in central New York State, an award of fair rental value for the almost 200 years during which they have been out of possession, and other monetary and protective relief. The Cayugas allege that this tract is reserved for their tribe by treaties with...

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