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UNITED STATES v. CERTAIN PROPERTY, BOROUGH OF MANHATTAN

No. 173, Docket 30396.

374 F.2d 138 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN PROPERTY Located In the BOROUGH OF MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK, consisting of all of Block 887 and bounded by East 31st and East 32nd Streets and Lexington and Third Avenues and 193 Realty Corp., etc., Defendants, and Steven and Martin H. Goodstein (Tract 11), Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 13, 1967.

Attorney(s) appearing for the Case

Samuel Goldstein, New York City (Samuel Goldstein & Sons, New York City, on the brief), for appellants.

Edmund B. Clark, Atty., Department of Justice, Washington, D.C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., Department of Justice, on the brief), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal by defendants, Steven and Martin H. Goodstein (appellants) from a judgment in a condemnation proceeding brought by plaintiff, United States of America (the Government), awarding to appellants "as just compensation for the property acquired" the sum of $600,000. Appellants find nothing "just" in this award and attribute it to the District Court's exclusion of (to them) vital evidence and to error in its instructions to the Commissioners...

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