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SCOZZAFAVA v. UNITED STATES

199 F.Supp. 43 (1961)

Theresa SCOZZAFAVA, Plaintiff, v. UNITED STATES of America, Defendant. Mary SPRINGSTEAD and Wesley J. Springstead, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

Memorandum on Government's Motion to Review Decision January 4, 1961.

Attorney(s) appearing for the Case

Kopald & Haft, Highland Falls, N. Y., Myron I. Mandel, Highland Falls, N. Y., of counsel, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, Robert E. Scher, Asst. U. S. Atty., New York City, of counsel, for the United States of America.

HERLANDS, District Judge.

Plaintiff Theresa Scozzafava (60 Civ. 823) and plaintiffs Mary Springstead and Wesley J. Springstead (60 Civ. 824) seek to recover the rental value of property owned by them and occupied by the United States Government. Defendant moves, in each case, pursuant to Rule 12 (b) (6), Fed.Rules Civ.Proc. 28 U.S.C.A., to dismiss those portions of the complaints that seek to recover rent for the Government's occupancy of the water over certain portions...

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