Legal Opinion · Dissent
Oneida Indian Nation of New York v. City of Sherrill
Court of Appeals for the Second Circuit
Decided July 21, 2003No. Docket Nos. 01-7795, 01-7797Published
1DissentVan Graafeiland, Senior Circuit Judge
I agree with my colleagues that the district court erred in granting judgment on the pleadings against Madison county. However, I disagree with their affirmance of summary judgment against Sherrill in the lead case. Accordingly, I dissent with respect to the court’s holdings against Sherrill.
In the first paragraph of the majority opinion, we are instructed not to confuse the Oneida Indian Nation of New York, identified in the opinion by the terms “OIN” or “the Oneidas” with the Oneida Indian Nation, “which is not a federally recognized tribe and is not a party to these consolidated cases.”…
2Cases cited12 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- United States v. CandelariaSupreme Court of the United States · 1926
- Burtnieks v. City of New YorkCourt of Appeals for the Second Circuit · 1983
- Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Matthew B. Connolly, Etc.Court of Appeals for the First Circuit · 1979
- The First National Bank of Cincinnati v. Sidney Pepper, Elsie W. Cox, Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc.Court of Appeals for the First Circuit · 1972
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