UNITED STATES v. 53¼ ACRES OF LAND, ETC.

No. 264, Docket 21255.

176 F.2d 255 (1949)

UNITED STATES v. 53¼ ACRES OF LAND, MORE OR LESS IN BOROUGH OF BROOKLYN.

United States Court of Appeals Second Circuit.

Decided July 27, 1949.


Attorney(s) appearing for the Case

A. Devitt Vanech, Assistant Attorney General, Harry T. Dolan, Special Assistant to Attorney General, Roger P. Marquis, S. Billingsley Hill, Attorneys, Department of Justice, Washington, D. C., for U.S.

John P. McGrath, Corporation Counsel, New York City (Harry E. O'Donnell, Bernard H. Friedman, Benjamin Offner, Philip L. Wellens, New York City, of counsel), for appellee City of New York.

Skinner & Bermant, New York City (Bernard L. Berman George Bergen, New York City, of counsel), for appellees National City Bank of New York et al.

Ira L. Gluckstein, New York City, for claimants Hahn's Creameries, Inc., Damage Parcel No. 42, and David Glass and Sons, Wholesale Grocers, Inc., Damage Parcels Nos. 43 and 45.

Nathan L. & Samuel Goldstein, New York City (in dissolution), (Nathan L. Goldstein, New York City, of counsel), for appellees.

Charles Lamb, New York City (Loretta A. Conway, New York City, of counsel), for Stella Cheese Co. et al.

Parsons, Closson & McIlvaine, New York City (Clinton T. Roe, Charles P. Kramer, William M. Sperry, 2nd, Henry Herz, New York City, of counsel), for defendant-appellee Brooklyn Eastern Dist. Terminal.

Before CHASE, CLARK, and DOBIE, Circuit Judges.


CHASE, Circuit Judge.

This appeal is by the United States from that part of the final judgment of the district court which included certain awards of interest as part of the just compensation for property in Brooklyn, N. Y., taken by the government for public use as part of the Brooklyn Navy Yard, pursuant to the provisions of The Declaration of Taking Act, 40 U.S.C.A. § 258a-f. The property was commonly known as the "Wallabout Market" and consisted of fifty...

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