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UNITED STATES v. TWO TRACTS OF LAND, ETC., STATE OF N. Y.

Nos. 473, 474, Dockets 32741, 32742.

412 F.2d 347 (1969)

UNITED STATES of America, Appellee, v. TWO TRACTS OF LAND IN the TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK, STATE OF NEW YORK, Sailors Haven Fire Island, Inc., and Sailors Haven Water Company, Inc., Appellants.

United States Court of Appeals Second Circuit.

Decided May 26, 1969.

Attorney(s) appearing for the Case

Adolph Koeppel, Mineola, N. Y., (Koeppel, Sommer, Lesnick & Ross, Irving I. Lesnick, Mineola, N. Y., of counsel), for appellants.

Robert M. Perry, Atty., Dept. of Justice, Washington, D. C. (Glen E. Taylor, Acting Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., Peter H. Ruvolo, Asst. U. S. Atty., Brooklyn, N. Y., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C.), for appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

By Public Law 88-587, 78 Stat. 928 (1964), Congress authorized the Secretary of the Interior to establish an area to be known as the Fire Island National Seashore. Section 2(a) of the Act stated that "[t]he Secretary is authorized to acquire, and it is the intent of Congress that he shall acquire as appropriated funds become available for the purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer...

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