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UNITED STATES v. 243.22 ACRES OF LAND

No. 349.

129 F.2d 678 (1942)

UNITED STATES v. 243.22 ACRES OF LAND IN TOWN OF BABYLON, SUFFOLK COUNTY, N. Y., et al.

Circuit Court of Appeals, Second Circuit.

June 26, 1942.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Harry T. Dolan, Sp. Asst. to Atty. Gen., and Vernon L. Wilkinson and Roger P. Marquis, Attys., Department of Justice, both of Washington, D. C., for the United States.

E. John Ernst, Jr., of New York City, for defendant-appellant.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

On December 17, 1940, the Secretary of War, in a letter to the Attorney General, requested the institution of proceedings to condemn appellant's lands, stating that such acquisition was necessary for military purposes under the Act of July 2, 1940, 54 Stat. 712, 41 U.S.C.A. preceding section 1. Respondent filed its petition in the court below to acquire the lands on December 19, 1940, attaching the Secretary's letter as an exhibit to the petition...

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