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UNITED STATES v. CERTAIN PROPERTY IN BOROUGH OF MANHATTAN

No. 484, Docket 32065.

403 F.2d 800 (1968)

UNITED STATES of America, Plaintiff-Appellee-Appellant, v. CERTAIN PROPERTY Located IN the BOROUGH OF MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK, Consisting of All of Block 726, and Bounded by West 28th and 29th Streets and Ninth and Tenth Avenues, and Irving Givre, et al. (City of New York), Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 21, 1968.

Attorney(s) appearing for the Case

Clyde O. Martz, Asst. Atty. Gen., (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, N. Y., Martin Paul Solomon, Asst. U. S. Atty., New York City, on the brief, Roger P. Marquis, Edmund B. Clark, Attys., Dept. of Justice, of counsel), for plaintiff.

Robert D. Joyce, New York City, N. Y. (J. Lee Rankin, Corp. Counsel for the City of New York, on the brief, George Newman, New York City, of counsel), for defendant.

Before WATERMAN and FEINBERG, Circuit Judges, and ZAMPANO, District Judge.

ZAMPANO, District Judge:

These are cross-appeals challenging the amount of compensation awarded for the condemnation by the United States of a public bath and recreation center owned by the City of New York. The principal question concerns the proper measure of compensation for the taking of a service facility operated by the City for the public benefit. Specifically, the issue is whether the court below erred in excluding the City's evidence on the necessity and...

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