Melvin L. Phillips, Individually and as Trustee for Melvin L. Phillips, Sr., et al. v. Oneida Indian Nation

i QUESTIONS FOR REVIEW JURISDICTION Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State? If New York is involved is there jurisdiction in the federal courts? Is the State of New York a necessary party because it is listed in the tax roles and the tax map as having an interest in the land? Should there have been discovery to determine the role of New York State regarding this land? CENTRAL ISSUES Can the Oneida Indian Nation set aside a deed of the Orchard Party/Marble Hill Oneida (otherwise known as Orchard Hill Oneidas) land by the designated head of the Orchard Party, Melvin Phillips when he is placing these Lands in trust for the benefit of the residents of the Marble Hill and the Orchard Party? Has this land been under the control of the Orchard Party since the filing of the map at 111a of the appendix in 1842? Does the Oneida Indian Nation have any interest in this land? Has federal recognition of this parcel as Orchard Party land this been admitted by the Plaintiff Oneida Indian Nation at paragraph 85a, paragraph 17 of the complaint? Does federally filed map at page 111a of the appendix describing the “Orchard Party