1. Home
  2. Browse Decisions
  3. F.2d
  4. 234 F.2d
  5. 234 F.2d 410 (1956)
 

UNITED STATES v. 44.00 ACRES OF LAND, ETC.

No. 287, Docket 23895.

234 F.2d 410 (1956)

UNITED STATES of America, Petitioner-Plaintiff-Appellee, v. 44.00 ACRES OF LAND, MORE OR LESS, SITUATE IN THE TOWN OF GREECE, COUNTY OF MONROE, State of New York, and John H. Odenbach et al., Defendants, Commissioners James P. B. Duffy, Donald J. Corbett and Joseph E. Silverstein, Appellants.

United States Court of Appeals Second Circuit.

Decided June 12, 1956.

Attorney(s) appearing for the Case

Frederick Wiedman, Rochester, N. Y., Gallop, Climenko & Gould, New York City, Jesse Climenko and Arthur S. Friedman, New York City, of counsel, for defendant-appellant.

James P. B. Duffy and Donald J. Corbett, Rochester, N. Y., for appellants.

Perry W. Morton, Asst. Atty. Gen., John O. Henderson, U. S. Atty., Buffalo, N. Y., Roger P. Marquis and Harold S. Harrison, Attys., Dept. of Justice, Washington, D. C., for petitioner-plaintiff-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

I. The Defendant Landowner's Appeal.

1. Rule 71A(h), together with Rule 53(e) (2) gave the judge authority to reject, in part, a finding of the Commissioners if "clearly erroneous" and to modify their award accordingly. He was not obliged to, although he had discretion to, remand their report to the Commissioners for a revised finding.

2. It is obvious to us, and it was to the judge, that, in valuing the property, the Commissioners...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases