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UNITED STATES v. BEARD'S ERIE BASIN

No. 46, Docket 20304.

157 F.2d 956 (1946)

UNITED STATES v. BEARD'S ERIE BASIN, Inc.

Circuit Court of Appeals, Second Circuit.

Decided November 11, 1946.

Attorney(s) appearing for the Case

Shiland, Hedges & Pelham, of New York City (Charles Lamb and Arleigh Pelham, both of New York City, of counsel), for Beard's Erie Basin, Inc., defendant-appellant.

David L. Bazelon, Asst. Atty. Gen., Harry T. Dolan, Sp. Asst. to Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., and Alvin O. West, Atty., Dept. of Justice, of Nashville, Tenn., for United States, petitioner-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

Beard's Erie Basin, Inc., the owner of property taken by the United States in condemnation, appeals from the award on the ground that it failed to allow any damages caused by injury to its remaining property by reason of the severance of the part taken. The Commissioners of Appraisal in ascertaining the compensation to be awarded reported as follows:

  "To BEARD'S ERIE BASIN, INC., Reputed
    Owner for the premises taken...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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