The Oneida Indian Nation of New York State v. The County of Oneida, the County of Madison

MULLIGAN, Circuit Judge:

This appeal presents another chapter in a long and complicated litigation which is detailed in the opinion of the Supreme Court, Oneida Indian Nation of New York v. County of Oneida, 414 U.S. 661, 94 S.Ct. 772, 39 L.Ed.2d 73 (1974), and in Judge Edmund Port’s later decision on remand, reported at 434 F.Supp. 527 (N.D.N.Y.1977). Rather than repeat the historical background and legal issues involved we assume familiarity with these opinions and limit our discussion to the narrow question presented on this appeal.

I

The Oneida Indian Nations of New York and Wisconsin…