Legal Opinion

Oneida Indian Nation of New York State v. County of Oneida

Court of Appeals for the Second Circuit

Decided July 12, 1972No. 720, Docket 72-1029PublishedCited by 5 opinions

1Opinion of the Court

FRIENDLY, Chief Judge:

This appeal from an order of the District Court for the Northern District of New York, dismissing a complaint by two Indian nations for want of federal jurisdiction, takes us back to the early days of the Republic. Although on the surface the controversy seems highly appropriate for federal cognizance, that claim shatters on the rock of the “well-pleaded complaint” rule for determining federal question jurisdiction, and we find no other basis that would permit a federal court to entertain the action.

The principal allegations of the complaint are as follows: The…

2Cases cited40 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Monroe v. PapeSupreme Court of the United States · 1961
  3. Strawbridge v. CurtissSupreme Court of the United States · 1806
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by5 opinions

  1. The Fort Mojave Tribe, by and Through Its Tribal Council in Class Action on Behalf of All Members of Said Tribe v. William L. LafolletteCourt of Appeals for the Ninth Circuit · 1973
  2. Mescalero Apache Tribe v. MartinezCourt of Appeals for the Tenth Circuit · 1975
  3. James Schantz v. Ada White Lightning and Leroy White Lightning, Jack F. Schaff v. Ada White Lightning and Leroy White LightningCourt of Appeals for the Eighth Circuit · 1974
  4. Mescalero Apache Tribe v. MartinezCourt of Appeals for the Tenth Circuit · 1975
  5. The Oneida Indian Nation Of New York State v. The County Of Oneida, New YorkCourt of Appeals for the Second Circuit · 1972

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