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CAYUGA INDIAN NATION OF NEW YORK v. CUOMO

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

730 F.Supp. 485 (1990)

The CAYUGA INDIAN NATION OF NEW YORK, et al., Plaintiffs, and The Seneca-Cayuga Tribe of Oklahoma, Plaintiff-Intervenor, v. Mario M. CUOMO, et al., Defendants.

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

February 15, 1990.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz. (Glenn M. Feldman, of counsel), and Joseph, Gajarsa, McDermott & Reiner, Washington, D.C. (Arthur J. Gajarsa, of counsel), for plaintiffs and plaintiff-intervenor.

Robert Abrams, Atty. Gen. of State of N.Y., Albany, N.Y. (David B. Roberts, Asst. Atty. Gen., of counsel), for state defendants.

Huber, Lawrence & Abell, New York City (Howard M. Schmertz, of counsel), for defendant New York State Electric & Gas Corp.

Hiscock & Barclay, Syracuse, N.Y. (Richard K. Hughes, of counsel), for Consol. Rail.

Goodwin, Procter & Hoar, Boston, Mass. (Allan van Gestel, of counsel), for Counties of Cayuga and Seneca and Miller Brewing.

Wiles, Fahey & Lynch, Syracuse, N.Y. (Joseph E. Fahey, of counsel).

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

By this motion, the plaintiff Cayuga Indian Nation and the plaintiff-intervenor Seneca-Cayuga Tribe of Oklahoma (collectively referred to as "the plaintiffs" or "the Cayugas") seek a declaration that two conveyances of land, one occurring in 1795, and the other occurring in 1807, are invalid under the Nonintercourse Act (or "Act"), 25 U.S.C. § 177. The defendants oppose said motion, claiming that questions...

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