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NEW YORK TELEPHONE CO. v. UNITED STATES

No. 257.

136 F.2d 87 (1943)

NEW YORK TELEPHONE CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 1, 1943.

Attorney(s) appearing for the Case

Frank A. Fritz, of New York City (Earle M. Simonson, of New York City, of counsel), for appellant.

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 appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This appeal brings up for review an order entered in a condemnation proceeding brought by the United States to acquire land for the development of aviation facilities at Floyd Bennett Field in the Borough of Brooklyn. The proceeding was instituted on January 2, 1942, by the filing of a declaration of taking, the deposit in the registry of the court of the money stated therein as the estimated just compensation to be made, and the filing of a notice...

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