© 2007. State University of New York at Buffalo. All rights reserved.
[Specified item], Box/Folder #, Law Spec. Coll. 07, Seneca Land Claim Records, 1994-2005, Charles B. Sears Law Library, State University of New York at Buffalo.
Acquisition InformationCollection was donated by Peter B. Sullivan,, Deputy Assistant Attorney General-in-Charge, New York Attorney General's Office, Buffalo, New York in January 2007.
Terms of AccessThe bulk of the Seneca Nation Land Claims Papers are open for research. Materials can be examined by qualified researchers in the Law Library during hours of operation during which Law Reference Librarians are present. In order to insure access, researchers are advised to contact the Law Library in advance of visits.
CopyrightCourt materials are in the public domain. Copyright of background research materials lies with the respective authors or authors' heirs and publishers. Researchers must obtain the written permission of the holder(s) of copyright. Most papers may be copied in accordance with the library's usual procedures unless otherwise specified.
Processing InformationProcessed by Karen L. Spencer in 2007.
Accruals and AdditionsNo further accruals are expected to this collection.
In the late 20th Century the Seneca Indians commenced two actions against the State of New York regarding land rights in New York, one challenging the State's claim of ownership to approximately 50 acres under and adjoining Cuba Lake and another which claimed tribal ownership of all islands in the Niagara River within United States waters, including Grand Island, the largest, and separately contested the State and New York Thruway Authority's 1954 right-of-way over the Cattaraugus Reservation. [Previously in 1955, the Nation filed, Seneca Nation of Indians v. Ek in the United States District Court in Buffalo, contesting the Cuba Lake properties, but allowed the case to lapse. A copy of the complaint in that action is ex. D to the April 18, 2001, declaration of Peter B. Sullivan filed in the 1985 Cuba Lake action (see Series IV). The Seneca Nation and the Tonawanda Band also filed claims with the Indian Claims Commission.]
In 1985 the Seneca Nation of Indians (SNI) filed a land claim against the State of New York for lands comprising the Oil Springs Reservation located around Cuba Lake in Cattaraugus and Allegany Counties'. Summary judgment on liability was granted in favor of the plaintiffs finding that the State violated the Nonintercourse Act when it purported to extinguish Indian title to the Oil Spring Reservation lands in 1858 through its power of eminent domain as part of a project to construct a reservoir which would provide water for the Genesee and Erie Canals. Seneca Nation of Indians v. New York, 26 F. Supp.2d 555 (W.D.N.Y. 1998)(NO. 85-CV-411C), aff'd 178 F.3d 95 (2d Cir. 1999), cert denied New York v. Seneca Nation of Indians, 528 United States 1073 (2000). Mediated settlement on remedies was approved by Judge Curtin on June 27, 2005.
In 1993 the SNI filed a land claim against the State of New York for Grand Island, an island in the Niagara River near Buffalo, New York. Later, the Tonawanda Band of Senecas (Tonawanda Senecas) and the United States joined as plaintiffs. Motion for summary judgment was granted for the defendant State of New York. Seneca Nation of Indians v. New York, 206 F. Supp 2d 448 (W.D.N.Y. 2002) (NO. 93-CV-688A), aff'd 383 F3d 245 (2nd Cir. 2004), cert denied 126 S.Ct. 2351, 165 L.Ed.2d 278.
Procedural chronology of the Seneca Nation Land Claims provided by Peter B. Sullivan on February 23, 2007:
Cuba Lake
The Cuba Lake case was commenced in 1985 by the SNI against the State. The complaint was amended in 1993 to add as defendants individuals who leased from the State cottages along the Lake in the claim area. In 1997 the United States intervened as a plaintiff, to overcome the likely jurisdictional bar of the Eleventh Amendment, and in 1998 the District Court granted summary judgment to plaintiffs on the liability issue. Seneca Nation of Indians v. New York, 26 F. Supp.2d 555 (W.D.N.Y. 1998) (NO. 85-CV-411C), aff'd 178 F.3d 95 (2d Cir. 1999), cert. denied New York v. Seneca Nation of Indians, 528 United States 1073 (2000). The parties then briefed the issue of remedies, but before ruling on that issue the Court encouraged the parties to engage a private mediator to oversee settlement discussions. As a result of these discussions the parties entered into a settlement agreement which was approved by the Court on June 23, 2005.
Grand Island/Thruway
This action was filed in 1993, with the SNI the sole plaintiff and the State, the Thruway Authority, and six individuals and businesses sued as representatives of a class of property owners as defendants. The original complaint pleaded for its first cause of action the Grand Island claim against all defendants, and the Thruway easement claim against the State and the Authority. Soon thereafter the Tonawanda Band of Seneca Indians, which diverged from the SNI in the 1840s, intervened as a plaintiff in the Islands claim only. In 1997, following the decision in Idaho v. Coeur D'alene Tribe of Idaho, 521 United States 261 (1997), both plaintiffs filed amended complaints (the second such amended by the SNI, the first by the Tonawandas). In 1998 the United States intervened as a plaintiff. In 1999 the Magistrate Judge recommended granting the defense motion to dismiss the claim relating to the Thruway easement and the District Judge issued an order to this effect. In 2002 the District Court granted defendants' summary judgment motion and dismissed the entire action. Plaintiffs then appealed to the Court of Appeals for the Second Circuit, on both the Grand Island and the Thruway claim, and that Court affirmed in 2005. The tribal plaintiffs (but not plaintiff United States) petitioned the United States Supreme Court to hear the case, but the certiorari application was denied, finally terminating the action.
Collection includes official court filings and decisions, expert reports and maps, and background research materials prepared during the New York Attorney General's defense of the Grand Island an Oil Springs Reservation land claims. Included in Series III is a microfilm copy of the Paul G. Reilly Collection held at Butler Library, State University of New York College at Buffalo. This collection does not represent a complete record. Mr. Sullivan sent more complete records to the New York State Archives as listed in Series V.
The collection is arranged in five series:
I. Grand Island - Motion for Summary Judgment
I.A. Pleadings
I.B. Motion Papers: Briefs
I.C. Motion Papers: Documentary Evidence
I.D. Oral Argument
I.E. United States District Court decision
II. Grand Island- Appeals
II.A. United States Court of Appeals, 2nd Circuit
II.B. United States Supreme Court
III. Grand Island- Discovery and Background research materials
III.A. Defense Expert Reports
III.B. Plaintiff Expert Reports
III.C. Miscellaneous background research
III.D. Paul G. Reilly Collection
IV. Oil Springs Reservation
V. Additional Material
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I. Grand Island- Motion for Summary Judgment
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Contains copies of various court filings including pleadings and briefs, documentary evidence (e.g. expert reports), transcript of oral argument and the United States District Court decision. Numbers in brackets taken from handwritten notes indicate the order in which the items were filed and recorded with the court and serve as a reference number in subsequent filings. Background materials to documentary evidence are located in Series II. |
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| Box-folder | Contents | |
| 1.1 |
Complaints
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| 1.2 |
Answers
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| Scope and content: Mr. Sullivan's "court notebook" includes eleven numbered briefs with handwritten notes. These are followed by briefs arranged by party, some of which are duplicates of those in the court notebook. | ||
| Box-folder | Contents | |
| 1.3 |
Sullivan notebook, #1, Memorandum in Support of
Defendants' Motion for Summary Judgment. March 23, 2000 [#288]; #2, United
States' Memorandum in Support of Partial Summary Judgment. Substituted version
March 28, 2000 [#294]; #3, Seneca Nation and Tonawanda Band of Seneca Joint
Memorandum of Law in Support of Motion for Partial Summary Judgment, March 23,
2000 [#284]
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| 1.4 |
Sullivan notebook, #4, Defendants' Memorandum in
Response to Plaintiffs' Motion for Summary Judgment, May 26, 2000 [#330]-
includes copy of email about the rearrangement of Hutchins exhibit in the Joint
Appendix, dated 5/23/03
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| 1.5 |
Sullivan notebook, #5, United States' Memorandum in
Opposition to Defendants' Summary Judgment Motion, May 31, 2000 [#334]; #6,
Seneca Nation and Tonawanda Band of Senecas' Opposition to Defendants' Motion
for Summary Judgment, June 2, 2000 [#328]
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| 1.6 |
Sullivan notebook, #7, Reply Memorandum to Plaintiff's
Oppositions to Defendants' Motion for Summary Judgment, June 16,
2000
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| 1.7 |
Sullivan notebook, #8, United States' Reply Memorandum
in Support of Its Motion for Partial Summary Judgment, June 16, 2000; #9,
Seneca Nation and Tonawanda Band of Seneca Joint Reply Memorandum of Law in
Support of Motion for Partial Summary Judgment, June 15, 2000
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| 1.8 |
Sullivan notebook, #10, Plaintiffs Joint Statement of
Material Facts as to Which There Exists a Genuine Issue to Be Tried; #11,
Seneca Nation's, Tonawanda Band of Seneca's, and United States Joint Statement
of Undisputed Material Facts, March 23, 2000 [#296] Note: does not include
appendix- see next item.
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| 1.9 |
Seneca Nation's, Tonawanda Band of Seneca's, and
United States' Joint Statement of Undisputed Materials Facts, with exhibits
1-30, March 23, 2000 [#296]
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| 1.10 |
Defendant's briefs:
Memorandum in Support of Defendant's Motion for Summary Judgment, March 23,
2000 [duplicate of #288, Sullivan notebook #1]; Defendants' Opposition to
Plaintiffs' Motions for Partial Summary Judgment (Substituted Version), June
14, 2000; Defendants' Second Supplemental Reply Brief, November 14, 2000
[#376]
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| 1.11 |
Plaintiffs' briefs (Seneca):
Seneca Nation and Tonawanda Band of Seneca Joint Memorandum of Law in
Support of Motion for Partial Summary Judgment, March 23, 2000 [duplicate of
#284, Sullivan notebook #3]; Seneca Nation and Tonawanda Band of Seneca Joint
Reply Memorandum of Law in Support of Motion for Partial Summary Judgment, June
15, 2000 [duplicate of Sullivan notebook #9]
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| 1.12 |
Plaintiffs' briefs (United
States): United States' Memorandum in Support of Partial Summary
Judgment, Substituted Version March 28, 2000 [duplicate of #294, Sullivan
notebook #2]; United States' Memorandum in Opposition to Defendants' Summary
Judgment Motion, May 31, 2000 [duplicate of #334, Sullivan notebook #5]; United
States' Reply Memorandum in Support of Its Motion for Partial Summary Judgment,
June 16, 2000 [duplicate of Sullivan notebook #8]; United States' Second
Supplemental Memorandum in Support of Motion for Partial Summary Judgment,
November 15, 2000
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| Includes copies of experts' affidavits, reports and exhibits filed with the United States District Court. | ||
| Box-folder | Contents | |
| 1.13 |
von Gernet, Alexander.
Aboriginal Use and Occupancy of the
Niagara River Environs: Opinion Report. Sept. 1999. 62 pp.
Bibliography, pp.42-50; Vita, 51-62; cover affidavit [#290]; Note: See folders
8.1 to 10.6 for all supporting documents. (Defendants' expert)
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| 2.1 |
Hutchins, Francis G. [Expert affidavit in support of
non-state defendants' motion for summary judgment with exhibits] Mar. 2000;
Vita, App.11 [#291] (Defendants' expert)
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| 2.2-2.5 |
Sullivan, Peter B. [...copies of various documents
relative to this action and to the defendants' motion for summary judgment-
Exhibits 1-36 with tabs] March 24, 2000- includes relevant treaties, book and
report excerpts, Congressional materials, Indian Claims Commission decision
342-A (Seneca Nation of Indians) and 368-A (Tonawanda Band of Senecas) (1963),
expert reports and extractions of deposition transcripts of Louis De Vorsey
& Laurence Hauptman; De Vorsey report:
A Report of the Seneca Nation's Boundary
Along the Niagara River in the 1794 Treaty with the Six Nations at
Canandaigua; Hauptman report:
A Response to Dr. Alexander von Gernet's
Aboriginal Use and Occupancy of the Niagara River Environs. [#292]
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| 3.1 |
Sullivan, Peter B. [...copies of various documents
relative to this action and to the defendants' motion for summary judgment-
Exhibits 37-61] May 26, 2000 [# 329] Note: continues #292 above. [unbound, no
tabs]
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| 3.2 |
Sullivan, Peter B. [...copies of various documents
relative to this action and to the defendants' motion for summary judgment-
Exhibits 75-78] May 26, 2000 [# 350] Note: continues #329 above. [unbound, with
tabs]
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| 3.3 |
United States Memorandum in Support of Partial Summary
Judgment Appendix, March 24, 2000. Includes copies of numerous maps,
declarations, affidavits, treaties, book excerpts, Indian Claims Commission
decisions. [#298] [spiral bound with tabs]
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| 3.4 |
Seneca Nation and Tonawanda Band of Senecas Opposition
to Defendants' Motion for Summary Judgment- Appendix [App. to #336] [spiral
bound with 36 exhibits] - includes unattached oversized map:
Plan of Niagara River Between the Lakes Ontario and Erie
with different Posts on that Communication by Sir William Johnson, No. 74796
(New York State Library, Manuscript Division) (1764) (showing
"Boundary of the Land Granted to His Majesty by the Six Nations at the
Congress held by Sir William Johnson at Niagara in July")
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| Box-folder | Contents | |
| 3.5-3.6 |
Transcript of Oral Argument on Summary Judgment
Motions, held Thursday, August 17, 2000, commencing at 10:00 a.m., before the
Honorable Richard J. Arcara, in the United States Courtouse, 68 Court Street,
Buffalo, New York, 14202, 209pp. [with handwritten "post-it"
notes]
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| Box-folder | Contents | |
| 4.1-4.2 |
Slip decision and order issued in
Seneca Nation of Indians v. New York, 206 F. Supp
2d 448 (W.D.N.Y. 2002) (No. 93-CV-688A)
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| Box-folder | Contents | |
| 4.3 |
Brief of Defendants/Appellees/Cross-Appellants [New
York State]
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| 4.4 |
Brief and reply brief of Plaintiff-Appellant Seneca
Nation of Indians and Plaintiff-Intervenor-Appellant Tonawanda Band of Seneca
Indians (Islands Claim)
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| 4.5 |
Brief and Reply brief and response to cross-appeal for
Appellant-Plaintiff-Intervenor United States
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| 5.1-6.4 |
Joint Appendix- 9 paperbound volumes with handwritten
notes including an Index to All Volumes and Maps, Special Appendix (Islands
Claim) [SPA], Volumes 1 to 7. Last volume contains numbered tabs and all maps.
(9 vol.)
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| Box-folder | Contents | |
| 6.5 |
Petition for Writ of Certiorari- Seneca brief
(contains maps); Brief in Opposition- New York State
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| Box-folder | Contents | |
| 7.1-7.2 |
Bowler, R. Arthur. Letter with attachments, April 27,
1998; Bowler report on Ownership of Islands in the
Niagara River with Appendix
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| 7.3 |
Hutchins, Francis G.
Controlling the Strait of
Niagara, Confidential draft, December 1994. Contains handwritten
notes.
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| 7.4 |
Rakove, Jack.
Preliminary memorandum on issues
relating to the Articles of Confederation, the Fort Stanwix Treaty of 1784, and
the politics of western lands and Indian land cessions, November 24,
1997. 22 pp.;
The Treaty of Canandaigua (1794) in its Constitutional
Nexus, Confidential draft, [no date]. 47 pp.
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| 7.5 |
Rakove, Jack. [working papers] includes photocopies of
Continental Congressional correspondence, and other contemporary sources
arranged in original order marked "Exhibit O-24" to
"Exhibit O-51" [56 leaves numbered by processor]
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| 7.6 |
Rakove, Jack. [working papers] includes Rakove's draft
report on the Oneida Indians land claim, proposed Findings of Fact for the
Oneida claim (1985), confidential draft of Francis Hutchins' report on Grand
Island issues (February 2000), copies and notes from the Thomas J. Pickering
Papers, Phillip Schuyler Papers, and the Pennsylvania Archives.
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| 8.1-10.6 (20 f.) |
von Gernet, Alexander. Ph.D.
Aboriginal Use and Occupancy of the
Niagara River Environs includes Supporting Documents, Volumes A through
F, with numbered tabs 1-79; each volume has table of contents. Note: Expert
report and affidavit in folder 1.13.
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| Box-folder | Contents | |
| 11.1-11.5 |
Campisi, Jack. Ph.d. Affidavit dated March 20, 2000
and vita;
Report of Seneca Nation's Expert
Witness, Jack Campisi, Ph.D. June 18, 1999, Vol. I Report, Vol. II
Exhibits 1-13, Vol. III Exhibits 14-18.
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| 11.6-11.7 |
DeVorsey, Louis. Ph.d. Deposition of Louis DeVorsey,
January 20, 2000. 174 pp. plus exhibits: no. 1, vita; no. 2, DeVorsey expert
report
A Report of the Seneca Nation's Boundary
Along the Niagara River in the 1794 Treaty with the Six Nations at
Canandaigua; no. 3, Pickering's Letter to the Secretary of War, Dec.
26, 1794; no. 4 excerpt from the Annual Report of the State Historian; no. 5,
Pickering's Letter to the Secretary of War dated Nov. 12, 1794; no. 6,
Canandaigua Treaty of 1794; no. 8, excerpt from Words & Phrases. Second
reduced copy of deposition has no exhibits but contains an index at the end.
Second copy of vita and expert report.
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| 12.1 |
Hauptman, Laurence M. Ph.D.
Report to Arlinda Locklear on Seneca
Land Claims: Part I: Grand Island, February 28, 1997. 59 pp.;
A Response to Dr. Alexander von Gernet's
Aboriginal Use and Occupancy of the Niagara River Environs: Opinion Report,
November 1999. 43 pp. plus appendix with vita [working copy marked by
Mr. Sullivan and handwritten margin notes]
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| 12.2 |
Oberg, Michael Leroy. Ph.d. Deposition of M.Oberg,
January 19, 2000. 39 pp. plus index.;
The Treaty of New York (1790),
20 pp. plus vita. [working copy marked by Mr. Sullivan and handwritten margin
notes];
Rebuttal Report: The Treaty of
Hopewell, 16 pp.
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| 12.3 |
Rubenfeld, Jed. Ph.D.
Rebuttal Report of the United States
...On a Cession of Land to the United States by the Seneca Indian Nation at the
Treaty of Fort Stanwix in 1784 and a Retrocession of that Land Back to the
Seneca Nation at the Treaty of Canadaigua in 1794, November 19, 1999.
37 pp. (Professor of Law, Yale Law School, Yale University)
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| Photocopies of articles, book excerpts, cases and notable expert reports submitted to New York State Governor Cuomo. | ||
| Box-folder | Contents | |
| 12.4 |
Journal articles: Hauptman, Laurence M.
"Circle the Wagons," Capital
Region, February 1987, pp. 29. [5 p.]; Rowley, Howard.
"Response to Laurence Hauptman Article ‘Circle the Wagons'"
["...in response to an article printed in Akwesasne Notes, Vol. 19, #1."- taken from
editor's note.] 1 p.; Arden, Harvey. "The Fire That Never
Dies," National Geographic, Sept. 1987,
pp. 375-403 with introduction, "From One Sovereign People to
Another," pp. 370-373.; Smith, Jennifer. "Up in Smoke? A
Report on New York State's On-Reservation Taxing Authority,"
Daybreak, Winter 1993, p. 9-13, [cont. on p. 19
which is missing.]
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| 12.5-12.6 |
Hauptman, Laurence M.
Formulating American Indian Policies in
New York State, 1970-1986: A Public Policy Study: A report submitted to the
Governor of New York and American Indian Nations, September 1, 1986.
283 pp. with cover letter to Governor Cuomo and short biography.
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| 12.7 |
Starna, William A.
Indian Land Claims in New York State: A
Policy Analysis, 1987. 99 pp. plus cover letter to Gov.
Cuomo.
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| 12.8 |
Preliminary Report to the Governor on
State-Indian Relations, New York State Executive Chamber, May 1988, by
Henrik N. Dullea, Director of State Operations and Policy Management. 50 pp.
plus 10 p. attachments and 3 cover memos.
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| 13.1 |
Hough, Franklin.
Proceedings of the Commissioners of Indian Affairs,
appointed by law for the Extinguishment of Indian Titles in the State of New
York. Albany: Joel Munsell,
1861. 498 pp.
[marked with handwritten post-it notes]
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| 13.2 |
Pierce, Carolyn A., Principal Investigator.
Stage 1 Cultural Resource Investigations for the Peace
Bridge Plaza and Connecting Roadway System, Design Phases I-IV, PIN 5357.58,
City of Buffalo, Erie County, New York. Prepared for by the Buffalo and Fort
Erie Public B ridge Authority, Peace Bridge Plaza, Buffalo, New York 14213.
November 28, 1995 [marked "Draft Copy"]- contains
color photos. Includes separate cover letter from Stephen F. Mayer to Peter
Sullivan, January 2, 1996.
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| 13.3-13.4 |
Photocopies of Indian Claims Commission and United States Court
of Claims decisions and briefs regarding the Seneca Nation: 342-A,B,C,D, H.
[Handwritten notes and separated by tabs; undated working memo at end, 3
pp.]
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| 14.1-14.4 |
Notebook labeled "American
Philosophical Society, Philadelphia, Pa.- Misc. Historical Records" with
table of contents and tabbed separations: 1. Letters from Ely M. Aaron, Esq.-
various letters (1955); 2. Memos from Felix Cohen (1950-1952); 3. The National
Archives- List of Documents Concerning the Negotiation of Ratified Indian
Treaties (1801-1869); 4. Journal of William Savery Compiled by Jonathan Evans
and other historical papers; 5. Robert Morris and the Treaty of the Big Tree-
by Norman B. Wilkinson; 6. Assorted Primary Sources. [616 pp. numbered by
processor]
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| Microfilm copy of the collection held at Butler Library, State University of New York College at Buffalo "contain[ing] materials culled from primary and secondary sources by Paul G. Reilly, (Reilly, Fleming and Reilly, counselors at Law, 1414 Avenue of the Americas, New York City 10019), in his research on Indian Land Claims for the Seneca Nation of Indians and the Tonawanda Band of Senecas before the Indian Claims Commission between 1948 and 1970". Taken from title page of index. | ||
| Box-folder | Contents | |
| 15 |
Unbound copy of original container list, 231 pp. 15
reels 16mm microfilm in boxes, numbered and labeled according to original
container list.
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| Box-folder | Contents | |
| 16.1-16.2 | Photocopies of records of the Allegany State Park cases, 1950's- examined 1/5/01 at Red House, Allegany State Park | |
| 16.1-16.2 | Photocopies of records of the Allegany State Park cases, 1950's- examined 1/5/01 at Red House, Allegany State Park | |
| 16.3-17.4 (7 folders) | Motion for Summary Judgment- Filings- [Court reference item numbers 69, 70, 72, 73, 82-88, 107-112, 117, 122, 123]- includes briefs, statements of material facts, affidavits and supporting documents. | |
| 17.5 | Remedies- Plaintiff's brief dated June 14, 2001; Defendant's brief and exhibits dated June 15, 2001 | |
| 17.6 | Motion to Intervene by Seneca-Cayuga Tribe- Reply Memorandum and Appendix of supporting documents, January 14, 2003. Includes Indian Claims Commission decisions, affidavits, and expert reports by: DeLoria, Jr., Vine, Ph.d. The Seneca-Cayuga Tribe: Its Historical Status and Political Relationships (marked confidential- for the use of the Seneca-Cayuga Tribe, January 9, 2003), 18 pp. with preceding affidavit and vita; Duffield, Lathel F. Ph.d. The Oklahoma Seneca-Cayuga: Their Seneca Ancestors and Political Relationships, (marked confidential- for the use of the Seneca-Cayuga Tribe of Oklahoma, January 12, 2003) 13 pp. with vita and affidavit; Edmunds, R. David. Ph.d. Political and Social Continuity Between the Senecas in Ohio and the Six Nations in New York During the Late Eighteenth and Early Nineteenth Centuries, 14 pp. plus vita and affidavit. | |
| 17.7 | Consent decree and Final Judgment for Civil Action No. 85-CV-411C -[Judge Curtin approved the settlement on June 27, 2005 in the United States District Court, W.D.N.Y., Buffalo, New York per included copy of email from P. Sullivan, dated 2/19/2007] | |
| Box-folder | Contents | |
| 17.8 | List prepared by Peter B. Sullivan of materials sent to NYS Archives from the New York State Attorney General's Buffalo Office on the Seneca Land claims cases. | |
| 17.9 | Materials added by processor from Westlaw and Keycite on Seneca Nation of Indians v. New York State, dated 2/15/2007; copy of Memorandum of Understanding, 1/12/07; Chronology prepared by Peter B. Sullivan, 2/23/07. | |
| 17.10 | Copy of court docket for 93-VC-00688 from PACER database. | |
The following terms have been used to index the description of this collection in the Library's online catalog.
