extent challenged here. But this only underlines the legal reality that the controversy alleged in the complaint may well depend on what the reach and impact of the federal law will prove to be in this case. Because the District Court had disposed on the case on a motion to dismiss, the Supreme Court reversed and remanded for further proceedings. Concurrence Justices Rehnquist and Powell concurred separately, emphasizing their understanding that the majority's holding would not apply to ejectment actions brought by non-Indians. The concurrence concluded: "The opinion for the Court today should give no comfort to persons with garden-variety ejectment claims who, for one reason or another, are covetously eyeing the door to the federal courthouse." Subsequent developments On remand, the District Court and Second Circuit rejected the counties' affirmative defenses and awarded money damages. This time, the counties appealed to the Supreme Court, which again granted certiorari. The impact of Oneida I was summed up, in the interpretation of Allan Van Gestal, the lawyer for Oneida County, in his argument in Oneida II: This case is a test case, having been so designated by the plaintiffs, having been so tried by the courts below.... The 1974 opinion in this case has already spawned a vast number of Indian land claims. A number of cases are pending throughout the eastern states and southern states, citing the 1974 jurisdictional opinion as if it were an opinion on the merits of the issues. That case, indeed, has already been cited 162 times since 1974. County of Oneida v. Oneida Indian Nation of New York State, 470 U.S. 226 (1985), affirmed the rejection of the counties' affirmative defenses, leaving the damages award intact. The larger portion of the Oneida claim, to the tract, was rejected by the Second Circuit in 1988 on the grounds that the Confederation Congress Proclamation of 1783 had neither the authority nor the intent to limit the acquisition of Indian lands within the borders of US states. Notes References Kristina Ackley, Renewing Haudenosaunee Ties: Laura Cornelius Kellogg and the Idea of Unity in the Oneida Land Claim, 32 Am. Indian Culture & Res. J. 57 (2008). John Edward Barry, Comment, Oneida Indian Nation v. County of Oneida: Tribal Rights of Action and the Indian Trade and Intercourse Act, 84 Colum. L. Rev. 1852 (1984). Jack Campisi, The New York-Oneida Treaty of 1795: A Finding of Fact, 4 Am.