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ISAAC G. JOHNSON & CO. v. UNITED STATES

No. 330.

149 F.2d 851 (1945)

ISAAC G. JOHNSON & CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 12, 1945.

Attorney(s) appearing for the Case

John Jay McKelvey, of New York City, for taxpayer.

John F. X. McGohey, U. S. Atty. (John B. Creegan, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The taxpayer is a New York corporation from which the state of New York took by eminent domain certain lands and lands under water for the straightening of the Harlem Ship Canal. New York Laws 1933, Ch. 624. Title vested in the state September 27, 1933 but the amount of compensation payable for the condemned property was not determined until the termination of litigation by judgment of the New York Court of Claims, pursuant to which the corporation...

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