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PHILLIPS v. UNITED STATES

No. 224.

148 F.2d 714 (1945)

PHILLIPS et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 13, 1945.

Attorney(s) appearing for the Case

George C. Riley, Stephen Goldstein, and Phillip J. Snyder, all of Buffalo, N. Y., for appellants.

J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., George L. Grobe, U. S. Atty., and Eugene J. Donnelly, Asst. U. S. Atty., both of Buffalo, N. Y., and Norman MacDonald and John C. Harrington, Attys., Department of Justice, both of Washington, D. C., for Appellee.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.

SIMONS, Circuit Judge.

The appellants, as separate owners of several parcels of land involved in a proceeding for condemnation by the United States, were awarded compensation for the taking of their property at the rate of $1300 an acre, making allowances for improvements on one of the parcels. They say it is not enough, and jointly appeal.

The lands in question lie in the town of Cheektowaga, Erie County, New York, approximately two miles from the easterly...

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