UNITED STATES v. CITY OF NEW YORK

No. 73, Docket 20721.

165 F.2d 526 (1948)

UNITED STATES v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

January 15, 1948.


Attorney(s) appearing for the Case

Harry T. Dolan, of Brooklyn, N. Y., A. Devitt Vanech, Asst. Atty. Gen., and Roger P. Marquis, of Washington, D. C., Attorney, Department of Justice, for the United States.

Alfred D. Jahr and Charles F. Preusse, Acting Corp. Counsel, both of New York City (Harry E. O'Donnell, of New York City, of counsel), for City of New York.

Henry Herz and Parsons, Closson & McIlvaine, all of New York City (William M. Sperry, 2d Clinton T. Roe, and Charles P. Kramer, all of New York City, of counsel), for Brooklyn Eastern District Terminal.

George Bergen and Skinner & Bermant, all of New York City (Jacob W. Bermant and Bernard L. Bermant, both of New York City, of counsel), for National City Bank.

A. Albert Solomon, of Brooklyn, N. Y., for John Celio et al.

Charles Lamb, of New York City, for George Basso et al.

Nathan L. Goldstein, of New York City, for Frank Mosca et al.

Ira L. Gluckstein, of New York City, for Bright Star Provision Co. et al.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

The United States appeals from awards made to the City of New York and various other claimants for the condemnation of a tract of land next to the Brooklyn Navy Yard, known as the "Wallabout Market," upon the ground that the awards were too large. The Brooklyn Eastern District Terminal appeals from the award to it on the ground that it is too small; some of the individual claimants appeal because their claims for fixtures were not allowed in...

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