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NEW YORK v. SHINNECOCK INDIAN NATION

Nos. 03-CV-3243(TCP), 03-CV-3466(TCP).

400 F.Supp.2d 486 (2005)

State of NEW YORK, New York State Racing and Wagering Board, New York State Department of Environmental Conservation and Town of Southampton, Plaintiffs, v. THE SHINNECOCK INDIAN NATION, Randall King, James W. Eleazer, Jr., Lance A. Gumbs and Frederick C. Bess, Defendants. Town of Southampton, Plaintiffs. v. The Shinnecock Tribe, A/K/A/ the Shinnecock Indian Nation, Randall King, James W. Eleazer, Jr. and Lance A. Gumbs, Defendants.

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

November 7, 2005.

Attorney(s) appearing for the Case

George Hammarth, Assistant Attorney General, Hauppauge, NY, for State of New York, New York State Racing and Wagering Board, New York State Department of Environmental Conservation.

Christopher H. Lunding, Cleary, Gottlieb, Steen & Hamilton LLP, New York, NY, for Shinnecock Indian Nation, James W. Eleazar, Jr., Lance A. Gumbs, Fred Bess, defendant.

MEMORANDUM and ORDER

PLATT, District Judge.

Defendants ("the Shinnecock Indian Nation" or "Shinnecock Indians" or "Shinnecock Tribe") have moved for Summary Judgment and the State of New York ("State") and the Town of Southampton ("Town") have moved for partial summary judgment in this consolidated action in which the State and its subdivision the Town seek to enjoin the Defendants from developing that part of their real property known as "Westwoods" (or...

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