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UNITED STATES v. 1.87 ACRES OF LAND, ETC.

No. 8852.

155 F.2d 113 (1946)

UNITED STATES v. 1.87 ACRES OF LAND IN CITY OF PHILADELPHIA, PHILADELPHIA COUNTY, PA., et al.

Circuit Court of Appeals, Third Circuit.

Decided March 26, 1946.

Rehearing Denied May 17, 1946.

Attorney(s) appearing for the Case

Roger P. Marquis, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., and C. James Todaro, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Wm. Clarke Mason, of Philadelphia, Pa. (Wm. E. Lingelbach, Jr., and Morgan, Lewis & Bockius, all of Philadelphia, Pa., on the brief), for appellee Baldwin Locomotive Works.

Robert T. McCracken, of Philadelphia, Pa. (Earl Jay Gratz and J. Maurice Gray, both of Philadelphia, Pa., on the brief), for appellee North American Warehousing Co.

Before ALBERT LEE STEPHENS, MARIS, and GOODRICH, Circuit Judges.

STEPHENS, Circuit Judge.

The United States is appealing from a judgment of the District Court of the United States for the Eastern District of Pennsylvania in a proceeding instituted by the government for the condemnation of the fee simple of 1.87 acres of improved, industrial real property lying in the City of Philadelphia, Pennsylvania.

Claims of error are presented to us in the form of three questions.

Question 1. "In submitting to the same jury...

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