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UNITED STATES v. DELAWARE, LACKAWANNA & W. R. CO.

No. 12575.

264 F.2d 112 (1959)

UNITED STATES of America, Appellant, v. DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided February 26, 1959.

Rehearing Denied April 2, 1959.

Attorney(s) appearing for the Case

S. Billingsley Hill, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Daniel H. Jenkins, U. S. Atty., Scranton, Pa., Harry T. Dolan, Sp. Asst. to Atty. Gen., Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

Walter L. Hill, Jr., Scranton, Pa. (Rowland L. Davis, Jr., New York City, Joseph C. Kreder, of Warren, Hill, Henkelman & McMenamin, Scranton, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is a land condemnation case which on appeal presents three questions of law. The property involved is 15.3 acres in the heart of Scranton, Pennsylvania and was formerly used by the defendant railroad for repair and upkeep of its steam locomotives. On the land there are four main structures with from 450,000 to 480,000 square feet of space, including basements and mezzanines.

During the Korean War the United States contracted...

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