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FELDWIN REALTY CO. v. UNITED STATES

Civ. A. No. 436-57.

179 F.Supp. 70 (1959)

FELDWIN REALTY CO., a corporation of the State of New Jersey, Plaintiff, v. UNITED STATES of America, and Joseph F. J. Mayer, District Director of Internal Revenue, Defendants.

United States District Court D. New Jersey.

December 11, 1959.

Attorney(s) appearing for the Case

Harkavy & Lieb, by Jerome S. Lieb, Newark, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., by Barbara A. Morris, Asst. U. S. Atty., Newark, N. J., for government.

HARTSHORNE, District Judge.

In its previous opinion in this cause, Feldwin Realty Co. v. United States, D.C. N.J.1959, 169 F.Supp. 73, 76, this Court stated:

"Both because there was a contract implied in fact between the parties hereto, to pay for the premises used for the storage of the taxpayer's property levied on, and because there was a taking of plaintiff's property without just compensation, the defendant Government...

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