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UNITED STATES v. 396 CORP.

No. 148, Docket 25275.

264 F.2d 704 (1959)

UNITED STATES of America, Petitioner-Appellee, v. 396 CORP., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 18, 1959.

Attorney(s) appearing for the Case

Marshall Perlin, of Donner, Kinoy & Perlin, New York City, for plaintiff-appellee.

Harry T. Dolan, Sp. Asst. to Atty. Gen. (Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Harold S. Harrison, Attorneys, Department of Justice, Washington, D. C., on the brief), for defendant-appellant.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and GIBSON, District Judge.

GIBSON, District Judge.

This is a condemnation action in which the District Court for the Southern District of New York was called upon to fix the rent that the United States should pay for its occupancy of premises, known as 111 East 16th Street, Borough of Manhattan, New York City, for two yearly periods. The first period began July 1, 1956 and ended June 30, 1957. The second period, which the parties stipulated should be considered at the same time that the first...

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