BEARD'S ERIE BASIN v. PEOPLE OF NEW YORK

No. 332.

142 F.2d 487 (1944)

BEARD'S ERIE BASIN, Inc., et al. v. PEOPLE OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 8, 1944.


Attorney(s) appearing for the Case

Warren H. Gilman, Asst. Atty. Gen. (Nathaniel L. Goldstein, Atty. Gen., and Wendell P. Brown, First Asst. Atty. Gen., on the brief), for claimant-appellant.

Arleigh Pelham, of New York City (Shiland, Hedges & Pelham, of New York City, on the brief), for petitioner-appellee Beard's Erie Basin, Inc.

Davies, Auerbach, Cornell & Hardy, of New York City (Martin A. Schenck and Edwin Guest, both of New York City, of counsel), for petitioner-appellee Irving Trust Co.

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


CLARK, Circuit Judge.

This is a dispute as to the right to the condemnation award for certain lands, otherwise known as Beard's Erie Basin, in and about Gowanus Bay in the Borough of Brooklyn. On October 21, 1941, the United States of America filed a declaration of taking, pursuant to the provisions of 40 U.S.C.A. § 258a, and the court below entered judgment at once on the declaration. At the same time the United States deposited the sum of $700,000 with the...

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