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CANADIAN ST. REGIS BAND v. STATE OF N.Y.

No. 82-CV-1114.

640 F.Supp. 203 (1986)

The CANADIAN ST. REGIS BAND OF MOHAWK INDIANS by Lawrence FRANCIS, Chief and Lloyd Benedict, Bruce Roundpoint, Joe Jacobs, John Oakes, Angus Bonaparte, Jr., David Benedict, Joyce Sharow, Robert Sunday, William Sunday, and John Lazore, Council Members, St. Regis, Quebec, Canada, HOM 1AO, Plaintiffs, v. The STATE OF NEW YORK, Hugh L. Carey, as Governor of the State of New York, Saint Lawrence Seaway Development Corp., David W. Oberlin, Administrator, St. Lawrence Seaway Development Corp., Niagara Mohawk Power Co., and Power Authority of the State of New York, Defendants.

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

July 30, 1986.

Attorney(s) appearing for the Case

Sonosky, Chambers, Sachse & Guido, Washington, D.C. (Reid Peyton Chambers, of counsel), Vaughn Aldrich, Hogansburg, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen. for State of N.Y., Albany, N.Y. (Lew A. Millenback, Jeremiah Jocknowitz, of counsel), for State defendants.

Hiscock & Barclay, Syracuse, N.Y. (Jan R. Farr, of counsel), for defendant Niagara Mohawk.

Frederick A. Bush, Gen. Counsel, Massena, N.Y., for St. Lawrence Seaway Development Corp.

Jordan M. Newman, Asst. Gen. Counsel, New York City, for Power Authority of the State of N.Y.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., Glen R. Goodsell, Dept. of Justice, Gen. Litigation Section, Washington, D.C., for U.S.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

The Canadian St. Regis Band of Mohawk Indians brings this action to recover possession of certain islands in the St. Lawrence River. Plaintiffs also seek compensation from the federal defendants St. Lawrence Seaway Development Corporation and its administrator for flooding portions of their land without just compensation in violation of the Fifth Amendment to the United States Constitution. Presently...

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