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UNITED STATES v. CITY OF NEW YORK

No. 231, Docket 21291.

175 F.2d 75 (1949)

UNITED STATES v. CITY OF NEW YORK.

United States Court of Appeals Second Circuit.

May 27, 1949.

Attorney(s) appearing for the Case

A. Devitt Vanech, Washington, D. C., Harry T. Dolan, Brooklyn, N.Y., Roger P. Marquis and John C. Harrington, Washington, D. C., for United States.

John P. McGrath, New York City (William F. Murphy, Benj. A. Hartstein, Nathaniel L. Goldstein, Albany, N. Y., Morris Handel and Ira Wollison, New York City, of counsel), for City of New York.

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

The United States, on July 7, 1943, brought condemnation proceedings in the court below to acquire a leasehold interest in the hospital property of Lebanon Hospital Corporation. The property is in New York City. The City was made a party to those proceedings, was duly served, and entered its appearance on October 13, 1943. By an order of court entered July 8, 1943, the United States obtained possession for one year ending June 30, 1944, with provision for extensions for yearly...

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