Legal Opinion
Tuscarora Nation of Indians v. Power Authority of the New York
Court of Appeals for the Second Circuit
Decided July 24, 1958No. 394, Docket 25236PublishedCited by 3 opinions
1Opinion of the Court
MOORE, Circuit Judge.
The appellant Tuscarora Nation of Indians (referred to as “Tuscarora”) brought this action in the federal court under 28 U.S.C.A. §§ 1331, 2201 and 2202: (1) for a declaratory judgment to the effect that the appellees, Power Authority¡of the State of New York, Robert Moses, and Superintendent of Public Works of the State of New York, John W. Johnson, have no power to acquire a portion of their lands without the express consent of the United States and (2) for a permanent injunction against the appropriation of their lands without their consent.
The suit was commenced on…
2Cases cited11 opinions
- United States v. KagamaSupreme Court of the United States · 1886
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- United States v. CandelariaSupreme Court of the United States · 1926
- Morgan's Steamship Co. v. Louisiana Board of HealthSupreme Court of the United States · 1886
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
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3Cited by3 opinions
- Tuscarora Nation Of Indians v. Power Authority Of New YorkCourt of Appeals for the Second Circuit · 1958
- Seneca Nation of Indians v. State of New YorkDistrict Court, W.D. New York · 1975
- Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960