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CITY OF NEW YORK v. UNITED STATES

No. 49413.

113 F.Supp. 645 (1953)

CITY OF NEW YORK v. UNITED STATES.

United States Court of Claims.

July 13, 1953.

Attorney(s) appearing for the Case

Nathan Brilliant, Brooklyn, N. Y., for plaintiff. Denis M. Hurley, Harry E. O'Donnell and Reuben Levy, New York City, were on the brief.

Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen., William Amory Underhill, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

HOWELL, Judge.

On or about July 28, 1942, the defendant leased from the plaintiff 335,747 square feet of cold storage space on four floors in the Bronx Municipal Terminal Market in the City of New York, under a lease which provided that 252,123 square feet on three floors were to be used for "cooler" storage, with temperatures ranging from 20 to 40 degrees Fahrenheit and that 83,624 square feet on one of the floors were to be for "freezer" storage, with temperatures...

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