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SMUCKER v. NASSAU COUNTY, NEW YORK

No. 240, Docket 21681.

183 F.2d 447 (1950)

SMUCKER et al. v. NASSAU COUNTY, NEW YORK.

United States Court of Appeals Second Circuit

Decided June 26, 1950.

Attorney(s) appearing for the Case

John J. Knob, County Attorney of Nassau County, Mineola, N. Y. (Orrin G. Judd, special counsel, New York City, Francis J. Donovan, Mineola, N. J., Christopher J. Taylor, New York City, Murray I. Gurfein and Earle K. Moore, New York City, of counsel) for appellant.

Cullen and Dykman, Brooklyn, N. Y., and Richard R. Bongartz, New York City (Jackson A. Dykman, Sigourney B. Olney and Frederick E. Willits, all of Brooklyn, N. Y., of counsel), for appellees.

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

PER CURIAM.

The approval of the selection by the trustees of consulting engineers is peculiarly a part of the reorganization administration entrusted to the district judge. We must not interfere with such an administrative decision, absent clear proof of an "abuse" of discretion. There is no such proof here. The unusually painstaking and able judge has made detailed findings of the facts, findings supported by substantial...

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