UNITED STATES
v.
53¼ ACRES OF LAND, MORE OR LESS, IN BOROUGH OF BROOKLYN, COUNTY OF KINGS, STATE OF NEW YORK et al.
District Court, E. D. New York.https://leagle.com/images/logo.png
July 18, 1941.
July 18, 1941.
Attorney(s) appearing for the Case
Harry T. Dolan, Sp. Asst. to U. S. Atty. Gen. (Edward H. Murphy, Sp. Atty., Department of Justice, of New York City, of counsel), for petitioner-plaintiff.
William C. Chanler, Corp. Counsel, of New York City (Charles Bisberg, of New York City, of counsel), for City of New York.
Ferris & Kuh, of New York City, for Walter M. Woolfson.
Harold L. Godwin, of Brooklyn, N. Y., for Charles M. Grill et al.
Skinner & Bermant, of New York City, for Jacob Simensky et al.
Charles Lamb, of New York City, for Swift & Co., Inc., et al.
Edward P. Hirsch, of Brooklyn, N. Y., for Max Kramer.
Robert Abelow, of New York City, for Phillip B. Newmarket et al.
Lewis, Marks & Kanter, of Brooklyn, N. Y., for Market Terminal, Inc.
H. A. & C. E. Heydt, of New York City (J. W. Hill, of New York City, of counsel), for Kings County Refrigerating Co.
Charles E. Kaplan, of Brooklyn, N. Y., for Alexander McDicken et al.
Stuart M. Miller, of Brooklyn, N. Y., for Martha Kuttner et al.
Hyman Bloomgarden, of Brooklyn, N. Y. (Carl S. Roden, of Brooklyn, N. Y., of counsel), for Norman Smith.
Cullen & Dyckman, of Brooklyn, N. Y. (Augustus Wheeler, of Brooklyn, N. Y., of counsel), for Theodore H. Meyers.
Louis J. Carruthers, of New York City (Edward B. Newburn, of New York City, of counsel), for Pennsylvania R. Co.
Parsons, Closson & McIlvaine, of New York City (William M. Sperry, 2nd, of New York City, of counsel), for Brooklyn Eastern District Terminal.
Newman & Bisco, of New York City, for Manufacturers Trust Co.
District Court, E. D. New York.
ABRUZZO, District Judge.
A case has come before this court under 40 U.S.C.A. § 258a, with respect to the subordinate interests of various defendants. It seems that in the declaration of taking filed by the Government there was no allocation made of the fund to these subordinate interests such as leaseholders, owners of chattel mortgages, fixtures and other interests of like nature.
As the court reads the Act, it does not seem that this Act requires the...
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