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Argued: January 25, 2001

Members of a Native American group moved for a preliminary injunction against various state defendants, alleging violations of federal preservation laws and of their right to the free exercise of religion arising from the development of a state park. The United States District Court for the Northern District of New York, Lawrence E. Kahn, Judge, denied the motion and dismissed the claims for lack of subject matter jurisdiction.

Affirmed in part; vacated and remanded in part.

 
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