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ONEIDA INDIAN NATION v. ONEIDA COUNTY

No. 6:05-CV-945.

432 F.Supp.2d 285 (2006)

ONEIDA INDIAN NATION, Plaintiff, v. ONEIDA COUNTY, Defendant.

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

June 2, 2006.

Attorney(s) appearing for the Case

Mackenzie Hughes LLP, Syracuse, NY (Peter D. Carmen, of Counsel), Zuckerman Spaeder LLP, Washington, DC, (Michael R. Smith, William W. Taylor, III, of Counsel), for Plaintiff.

Nixon Peabody LLP, Rochester, NY (David M. Schraver, G. Robert Witmer, Jr., John J. Field, of Counsel), for Defendant.

Eliot Spitzer, Attorney General for the State of New York, Albany, NY (David B. Roberts, Howard Zwickel, Ass't Attorneys General, of Counsel), for Amicus State of New York.

Don B. Miller, P.C., Boulder, CO (Don B. Miller, of Counsel), for Proposed Intervener Stockbridge-Munsee Band of Mohican Indians.

MEMORANDUM-DECISION and ORDER and PERMANENT INJUNCTION

HURD, District Judge.

I. INTRODUCTION

Plaintiff Oneida Indian Nation ("the Nation") commenced this action on July 27, 2005, seeking declaratory and injunctive relief preventing defendant Oneida County from foreclosing, for non-payment of taxes, property owned by the Nation. On October 28, 2005, a Temporary Restraining Order was issued restraining and enjoining Oneida...

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