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NIAGARA MOHAWK POWER v. TONAWANDA BAND

No. 93-CV-192A.

862 F.Supp. 995 (1994)

NIAGARA MOHAWK POWER CORPORATION, Plaintiff, v. TONAWANDA BAND OF SENECA INDIANS, et al., Defendants.

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

August 3, 1994.

Attorney(s) appearing for the Case

Mark R. McNamara, Hiscock & Barclay, Buffalo, NY, for plaintiff.

Harold M. Halpern, Borins, Halpern & Stromberg, Buffalo, NY, for moving defendants.

Joseph E. Zdarsky, Zdarsky, Sawicki & Agostinelli, Buffalo, NY, for non-moving defendants.

Timothy J. Toohey, Toohey & Dowd, P.C., Lewiston, NY, for proposed intervenor.

DECISION AND ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Carol E. Heckman, pursuant to 28 U.S.C. § 636(b)(1), on May 12, 1993. On August 2, 1993, defendants Tonawanda Band of Seneca Indians, Bernard Parker, Darwin Hill, Kervin Jonathan, James Logan, Emerson Webster, Darren Jimerson, Harley Gordon and Frank Abrams ("moving defendants") filed a motion for summary judgment dismissing the action for lack of subject matter jurisdiction...

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