UNITED STATES v. DELANO PARK HOMES

No. 77.

146 F.2d 473 (1944)

UNITED STATES v. DELANO PARK HOMES, Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 29, 1944.


Attorney(s) appearing for the Case

Bernard L. Bermant, of New York City, for appellants.

John C. Harrington, of Washington, D. C., for appellee.

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


L. HAND, Circuit Judge.

This is an appeal from a judgment, condemning land for the use of the War Department, near the Town of Hempstead, Nassau County, New York, and awarding compensation; the only question is the amount of the award. The objections to this are three: (1) that the judge appraised the property upon the basis of temporary market conditions: i. e. the difficulty, pending the war, in procuring building materials; (2) that, in the light of the assessed...

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