United States v. Cattaraugus County

KNIGHT, District Judge.

The substance of the complaint herein is stated in the opinion of this court in United *414States v. Cattaraugus County, D.C., 67 F.Supp 294, at page 296. It gave the reasons for denying defendant’s motion to dismiss the complaint.

After denial of the motion, defendant served an answer containing eight separate defenses, to wit: (1) The complaint fails to state a claim upon which relief can be granted, (2) the Seneca Nation of Indians is the real party in interest and plaintiff may not sue alone without joining it, (3) the cause of action is in effect against New York State…