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UNITED STATES v. 50 FOOT RIGHT OF WAY IN BAYONNE, N. J.

No. 14605.

337 F.2d 956 (1964)

UNITED STATES of America v. 50 FOOT RIGHT OF WAY OR SERVITUDE IN, OVER AND ACROSS CERTAIN LAND situated IN the CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY, and Daniel A. Ferenczi et al., Bergen Point Iron Works, Appellant.

United States Court of Appeals Third Circuit.

Decided October 30, 1964.

Attorney(s) appearing for the Case

Allan G. Freund, Carpenter, Bennett & Morrissey, Newark, N. J. (Samuel M. Coombs, Jr., Newark, N. J., on the brief), for appellant.

A. Donald Mileur, Chief, Appellate Sect., Land Div., Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Newark, N. J., Roger P. Marquis, Marcus L. Beckner, Jr., Attorneys, Department of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.

GANEY, Circuit Judge.

In an effort to relieve the shortage of petroleum products in the New York City area, which shortage was impeding the war effort, the Reconstruction Finance Corporation in 1943 decided to build a double pipeline from Longview, Texas, to the city of Bayonne, New Jersey, for the transporting of petroleum and allied products. For the purpose of obtaining part of the right of way for the pipelines, the United States in September

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