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UNITED STATES v. STATE OF NEW YORK

No. 121, Docket 20401.

160 F.2d 479 (1947)

UNITED STATES v. STATE OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied June 2, 1947.

Attorney(s) appearing for the Case

Herbert A. Einhorn, Asst. Atty. Gen. of the State of N. Y. (Nathaniel L. Goldstein, Atty. Gen., and Wendell P. Brown, Sol. Gen., of Albany, N. Y., on the brief), for defendant-appellant.

Fred W. Smith, Atty., Dept. of Justice, of Washington, D. C. (David L. Bazelon, Asst. Atty. Gen., and Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., and Irving J. Higbee, U. S. Atty., of Syracuse, N. Y., on the brief), for petitioner-appellee.

Marshall McLean, of New York City, for Association for the Protection of the Adirondacks, as amicus curiae.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

Writ of Certiorari Denied June 2, 1947. See 67 S.Ct. 1512.

CLARK, Circuit Judge.

In this appeal the State of New York attacks the condemnation by the United States for a period beyond the war emergency of certain interests in lands forming part of the State's forest preserve in the Adirondacks. The Secretary of War in 1942 determined that it was necessary to construct a railroad over these and adjoining privately-owned lands to transport strategic materials...

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