UNITED STATES v. CERTAIN LANDS IN BOROUGH OF BROOKLYN

No. 289.

129 F.2d 577 (1942)

UNITED STATES v. CERTAIN LANDS IN BOROUGH OF BROOKLYN, KINGS COUNTY, STATE OF NEW YORK, et al.

Circuit Court of Appeals, Second Circuit.

July 21, 1942.


Attorney(s) appearing for the Case

Wingate & Cullen, of Brooklyn, N. Y. (Cyrus S. Jullien and Joseph B. Cavallaro, both of Brooklyn, N. Y., of counsel), for appellant.

Norman M. Littell, Asst. Atty. Gen., Harry T. Dolan, Sp. Asst. to the Atty. Gen., and John F. Cotter and Roger P. Marquis, Attys., Department of Justice, both of Washington, D. C., for the United States, amicus curiae.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

The question presented by this appeal is whether a first mortgagee of property condemned for public use under the Declaration of Taking Act, 40 U.S.C.A. § 258a, is entitled upon distribution of the deposited compensation to receive payment of the principal of the mortgage and interest thereon to the date of payment or only to the date when title to the mortgaged premises vested in the United States.

The appeal is before us upon an...

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