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ONEIDA INDIAN NATION OF N.Y. v. MADISON COUNTY

No. 5:00-CV-506.

145 F.Supp.2d 268 (2001)

ONEIDA INDIAN NATION OF NEW YORK, Plaintiff, v. MADISON COUNTY, Defendants.

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

June 5, 2001.

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes, LLP, Peter D. Carmen, of counsel, Syracuse, NY, for Plaintiff.

Zuckerman, Spaeder, Michael R. Smith, William W. Taylor, III, of counsel, Washington, DC, for Plaintiff.

Nixon Peabody LLP, David M. Schraver, G. Robert Witmer, Jr., P.C., of counsel, Rochester, NY, for Defendant.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

The Oneida Indian Nation of New York ("Nation") filed this action to prevent Madison County ("County") from pursuing a state court in rem foreclosure action. The Nation claims federal preemption under the United States Constitution, Article 1, section 8; 25 U.S.C. § 177; and the 1794 Treaty of Canandaigua. The Nation further asserts federal...

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