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PATRICK McGUIRL, INC. v. COMMISSIONER OF INTERNAL REV.

No. 145.

74 F.2d 729 (1935)

PATRICK McGUIRL, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Barnet D. Golden, of New York City (George E. H. Goodner, of Washington, D. C., of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., for respondent.

Lyle T. Alverson, of New York City, amicus curiæ.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The petitioner's property was taken by the city of New York on December 1, 1926, through its board of estimate and apportionment adopting a resolution that the title in the fee to the petitioner's property become vested in the city as of December 1, 1926. Thereafter petitioner occupied the premises as a month to month tenant until October 31, 1927. No award for the compensation to be paid petitioner was made until May 31, 1928, when the award...

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