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UNITED STATES v. CERTAIN LAND IN CITY OF PATERSON, N. J.

No. 14373.

322 F.2d 866 (1963)

UNITED STATES of America v. CERTAIN LAND IN the CITY OF PATERSON, COUNTY OF PASSAIC, STATE OF NEW JERSEY, et al., Three Hundred Straight Street, Appellant.

United States Court of Appeals Third Circuit.

Decided September 24, 1963.

Attorney(s) appearing for the Case

William Sellinger, Passaic, N. J. (Sellinger & Chester, Passaic, N. J., on the brief), for appellant.

Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., James D. Butler, Asst. U. S. Atty., Newark, N. J., on the brief), for the United States.

Edward F. Merrey, Jr., Paterson, N. J. (Merrey & Merrey, Paterson, N. J., on the brief), for defendants-appellees Benjamin Eastwood, Jr., Samuel T. Messner, Jr., and Marion E. McCulloch, trustees.

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and STEEL, District Judge.

BIGGS, Chief Judge.

This is an appeal from an order of the court below entered January 14, 1963, denying a motion of the appellant, Three Hundred Straight Street, Inc., (Three Hundred), the former owner and mortgagor of certain real estate in the City of Paterson, New Jersey, taken by the United States by condemnation proceedings. The motion was to alter or amend an order entered by the same court on October 18, 1962, awarding interest on the mortgage debt to the...

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