UNITED STATES v. GOTTFRIED

No. 188, Docket 25768.

278 F.2d 426 (1960)

UNITED STATES of America, Appellant, v. Kathleen GOTTFRIED, Appellee.

United States Court of Appeals Second Circuit.

Decided April 19, 1960.


Attorney(s) appearing for the Case

S. Billingsley Hill, Perry W. Morton, Asst. Atty. Gen., Harry T. Dolan, Spec. Asst. to the Attorney General, Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., for appellant.

Monroe Goldwater, Goldwater & Flynn, New York City (Milton Small, B. Audrey Rinzler, New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, HAND and LEWIS, Circuit Judges.


HAND, Circuit Judge.

The court of its own motion has raised the question of its jurisdiction, and has received memoranda from both sides in support of that jurisdiction. The facts are as follows. The United States filed a complaint on April 23, 1958, seeking to condemn a tract of land described by metes and bounds. The interest "taken" was described "as the use and occupancy of certain land * * * for a term for years commencing March 1, 1957, and ending February 28...

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