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BROOKLYN EASTERN DIST. TERMINAL v. CITY OF NEW YORK

No. 140.

139 F.2d 1007 (1944)

BROOKLYN EASTERN DIST. TERMINAL v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

January 6, 1944.

Attorney(s) appearing for the Case

Henry Herz, of New York City (Parsons, Closson & McIlvaine, William M. Sperry, 2d, Clinton T. Roe, and Charles P. Kramer, all of New York City, on the brief), for petitioner-appellant.

Leo Brown, of New York City (Ignatius M. Wilkinson, Corp. Counsel, Julius Isaacs, Louis M. Weintraub, and Benjamin Offner, all of New York City, on the brief), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal raises the question whether Brooklyn Eastern District Terminal has an interest in land by virtue of an agreement it has with the City of New York for supplying freight terminal facilities to the City's Wallabout Market of the kind and to the extent that it may share in the award made to the City upon the condemnation of the Market by the United States of America. The United States paid into...

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