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UNITED STATES v. CERTAIN LAND IN BOROUGH OF BROOKLYN, ETC.

No. 364, Docket 29215.

346 F.2d 690 (1965)

UNITED STATES of America, Petitioner-Plaintiff-Appellee, v. CERTAIN LAND IN the BOROUGH OF BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK, and the City of New York, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 9, 1965.

Attorney(s) appearing for the Case

Richard N. Countiss, Atty., Dept. of Justice (J. Edward Williams, Acting Asst. Atty. Gen., Harry T. Dolan, Sp. Asst. to Atty. Gen., Brooklyn, N. Y., Roger P. Marquis, Atty., Dept. of Justice, on the brief), for appellee.

Robert D. Joyce, New York City (Leo A. Larkin, Corp. Counsel for City of New York, on the brief, George Newman, New York City, of counsel), for appellant.

Before LUMBARD, Chief Judge, and MOORE and MARSHALL, Circuit Judges.

MOORE, Circuit Judge.

The City of New York (the City) appeals from a judgment in a land condemnation proceeding which fixed "just compensation" to be paid to the City by the United States in the amount of $41,250. The case involves principles of eminent domain. Here an addition to a federal post office building and a city public school playground are vying for occupancy of the same area. Although the City recognizes that federal domain is the more eminent, it asserts...

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