Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
May 19, 1948.
May 19, 1948.
Attorney(s) appearing for the Case
Harry T. Dolan, Sp. Asst. to Atty. Gen., of Brooklyn, N. Y. (A. Devitt Vanech, Asst. Atty. Gen., and Roger P. Marquis and S. Billingsley Hill, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for plaintiff-appellant.
Jackson A. Dykman, of Brooklyn, N.Y. (Cullen & Dykman, Sigourney B. Olney, and Augustus J. Wheeler, all of Brooklyn, N.Y., on the brief), for defendant-appellee Brooklyn Union Gas Co.
Cameron F. MacRae, of New York City (Beardsley & Taylor, Thomas H. Beardsley, and Earl G. Clarke, all of New York City, on the brief), for defendant-appellee Consolidated Edison Co. of New York, Inc.
Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
CLARK, Circuit Judge.
In the case of United States v. City of New York, 2 Cir., 168 F.2d 387, just decided, we have held that an award in condemnation proceedings for the taking of streets or other public facilities of a municipality should not be more than the cost of replacing them or supplying otherwise adequate facilities. Here we have the problem as applied to the facilities of public utilities companies, one supplying gas, the...
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