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UNITED STATES v. CERTAIN LAND IN BOROUGH OF MANHATTAN

No. 504, Docket 28942.

332 F.2d 679 (1964)

UNITED STATES of America, Petitioner-Plaintiff-Appellee, v. CERTAIN LAND IN the BOROUGH OF MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK, and 306 Broadway Realty Corp., et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 2, 1964.

Attorney(s) appearing for the Case

A. Donald Mileur, Dept. of Justice, Washington, D. C., for United States of America.

Archibald Palmer, New York City, appellant pro se, et al.

Jacob Fuchsberg, New York City, appellant pro se, et al.

Sidney Z. Searles, New York City, for owner of 312 Broadway, et al.

Anthony Romano, New York City, for other interested owners.

Samuel Goldstein, New York City, for Bartiff Luncheonette, Inc., et al.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

LUMBARD, Chief Judge:

On April 30, 1964, by ex parte order of the United States District Court for the Southern District of New York, the United States government condemned certain properties on the west side of Foley Square in New York City for the erection of a United States office building. The defendants, tenants occupying the buildings so taken, appeal from an order of the Southern District which denied their applications for modification of the previous order...

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