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McELROY v. BOROUGH OF FT. LEE

No. 4433.

46 F.2d 777 (1931)

McELROY et al. v. BOROUGH OF FT. LEE.

Circuit Court of Appeals, Third Circuit.

January 17, 1931.

Attorney(s) appearing for the Case

Seufert & Elmore, of Englewood, N. J. (J. Laurens Elmore, of Englewood, N. J., of counsel), for appellants.

Mackay & Mackay and Howard Mackay, all of Hackensack, N. J., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

Robert L. McElroy and Lula McElroy brought this suit to recover the value of land which, they say, the Borough of Fort Lee unlawfully took from them for street purposes. The court directed a verdict for the defendant and the plaintiffs appealed.

There are two questions of law arising from two claims for damages. The first is easily disposed of. It arises under paragraphs 5, 7 and 9 of the complaint wherein the plaintiffs concede power...

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