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NEW YORK v. SHINNECOCK INDIAN NATION

No. 08-1194-cv.

701 F.3d 101 (2012)

State of NEW YORK, New York State Racing and Wagering Board, and New York State Department of Environmental Conservation, Plaintiffs-Appellees, Town of Southampton, Consolidated-Plaintiff-Appellee, v. SHINNECOCK INDIAN NATION, Lance A. Gumbs, Randall King, Karen Hunter, and Frederick C. Bess, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

November 28, 2012.

Attorney(s) appearing for the Case

Denise A. Hartman, Assistant Solicitor General (Eric T. Schneiderman, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Andrew D. Bing, Deputy Solicitor General, on the brief), Albany, NY, for Plaintiffs-Appellees.

Michael S. Cohen (David M. Schraver, David H. Tennant, on the brief), Nixon Peabody LLP, Jericho, NY, for Consolidated-Plaintiff-Appellee.

Christopher H. Lunding (Evan A. Davis, Ashika Singh, on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for Defendants-Appellants.

ORDER

Following disposition of this appeal on June 25, 2012, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.

Peter W. Hall, Circuit Judge, joined by José A. Cabranes and Rosemary S. Pooler, Circuit Judges, dissents by opinion from the denial of rehearing...

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