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UNITED STATES v. PERMA PAVING CO.

Nos. 367, 368, Dockets 28494, 28495.

332 F.2d 754 (1964)

UNITED STATES of America, Plaintiff, v. PERMA PAVING CO., Inc., and Anthony Rose, Defendants and Third-Party Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. The CITY OF NEW YORK, Defendant-Appellant and Third-Party Plaintiff-Appellant.

United States Court of Appeals Second Circuit.

Decided June 2, 1964.

Attorney(s) appearing for the Case

Joel L. Cohen, New York City (Leo A. Larkin, Corp. Counsel of The City of New York, Seymour B. Quel, New York City, of counsel), for The City of New York.

Robert E. Kushner, New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, James G. Greilsheimer, Asst. U. S. Atty., of counsel), for the United States of America.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge:

The United States brought two actions in the District Court for the Southern District of New York to recover costs it had incurred in dredging a portion of the navigable channel of the Bronx River. One was against Perma Paving Company, Inc., and Anthony Rose, its president and sole owner, which, under a month-to-month lease, had occupied City-owned property bounded on the east by the Bronx River....

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