UNITED STATES of America, Petitioner-Plaintiff-Appellee,
v.
63.04, ACRES OF LAND, more or less, situate at LIDO BEACH, near the City of Long Beach, TOWN OF HEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK, and Irving A. Nemerov et al., Defendants-Appellants,
Town of Hempstead, Defendant-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued March 12, 1957.
Decided June 3, 1957.
Attorney(s) appearing for the Case
Perry W. Morton, Asst. Atty. Gen., Harry T. Dolan, Sp. Asst. to Atty. Gen., Roger P. Marquis and Elizabeth Dudley, Attorneys, Department of Justice, Washington, D. C., for petitioner-plaintiff-appellee.
Nathan D. Shapiro, Brooklyn, N. Y., for Bessie N. Shapiro, Samuel Kresberg and Benjamin Kresberg.
Jacob Patent, Brooklyn, N. Y., for Gilbert D. Paisner et al.
Leonard R. Fisher, New York City, for Irving Nemerov.
Paul Windels, New York City, and Joseph Margolis, Brooklyn, N. Y., of counsel, for defendants-appellants.
Isidor E. Leinwand, New York City, for Sam H. Lipson, Trustee in Bankruptcy for William T. Nemerov.
John A. Morhous, Hempstead, N. Y., and B. Thomas Pantano, for defendant-appellee Town of Hempstead.
Before HINCKS, STEWART and LUMBARD, Circuit Judges.
United States Court of Appeals Second Circuit.
LUMBARD, Circuit Judge.
The defendants in this condemnation proceeding appeal from a judgment of the district court, sitting without a jury, which decreed that (1) the property condemned amounting to 58.26 acres1 is to be valued at $3,000 an acre; (2) the severance damages for certain adjacent property to the east and west of the condemned lots are 50% of the value of that property; (3) defendants do not have title to certain other adjacent...
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