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U. S. v. 25.4 ACRES OF LAND IN BOROUGH OF BROOKLYN, ETC.

Misc. No. 586.

52 F.Supp. 75 (1943)

UNITED STATES v. 25.4 ACRES OF LAND IN BOROUGH OF BROOKLYN, KINGS COUNTY, N. Y., et al.

District Court, E. D. New York.

October 6, 1943.

Attorney(s) appearing for the Case

Harry T. Dolan, Sp. Asst. to Atty. Gen. of U.S.A. (John A. Jordan, Sp. Atty., Department of Justice, of Brooklyn, N. Y., of counsel), for petitioner-plaintiff.

Cullen & Dykman, of Brooklyn, N. Y., (Sigourney B. Olney and Augustus J. Wheeler, both of Brooklyn, N. Y., of counsel), for Brooklyn Union Gas Co.

Douglas Swift and Austin J. McMahon, both of New York City (C. Elmer Spedick, and Austin J. McMahon, both of New York City, of counsel), for Delaware, Lackawanna & Western R. Co.

Robert H. Schaffer, Acting Corporation Counsel, of New York City (Julius Isaacs, Charles Bisberg, and Martin Holtzer, all of New York City, of counsel), for City of New York.

Nathaniel L. Goldstein, Atty. Gen. of N. Y. State (Warren H. Gilman, Asst. Atty. Gen., of counsel), for People of New York.

BYERS, District Judge.

This is an application by the record owners of damage parcels 2, 4 and 4A for an order directing the payment to them of the respective sums allocated to their properties which have been deposited by the government in the taking of the entire tract embraced within the title of this proceeding. The applicable statute is 40 U.S.C.A. § 258a.

The motion is contested by the People of the State of New York, and by the City of New York...

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