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HIRSCH v. UNITED STATES

Civ. No. 13700.

170 F.Supp. 229 (1959)

Alexander HIRSCH, Pauline R. Goldfein, Norman Essman, as Executor of Estate of Aimee D. Essman, Samuel W. Dorfman and The Chase National Bank, as Executors of Estate of Jacob R. Schiff, Matilda Hyman, Ella K. Dorfman, Harry Mabel and Louis Denberg, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

Supplemental Opinion January 22, 1959.

Attorney(s) appearing for the Case

Paul R. Shaw, New York City, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Robert C. Carey, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for defendant.

BRUCHHAUSEN, District Judge.

The plaintiffs, the owners of a building located in the City of New York, instituted this action to recover the value of the use and occupation of the sixth floor of the building, claimed to have been occupied by the defendant's agent, the Director of Internal Revenue, during the period from May 21, 1952, to June 10, 1952. The action is based upon the Constitution of the United States, Article III, Section 2 and upon 28 U.S.C.A. §...

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