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UNITED STATES v. CERTAIN LAND

Nos. 605, 606, Dockets 31181, 31182.

420 F.2d 370 (1969)

UNITED STATES of America, Plaintiff-Appellant-Appellee, v. CERTAIN LAND, together with the improvements thereon, located at the northwest corner of IRVING PLACE AND 16TH STREET, etc., and Benjamin Kaufman et al., Defendants, 396 Corp., Jacob Freidus and the Executors of the Will of Samuel E. Aaron, Defendants-Appellees-Appellants.

United States Court of Appeals Second Circuit.

December 29, 1969.

Attorney(s) appearing for the Case

Shiro Kashiwa, Asst. Atty. Gen., and Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., on the motion, for plaintiff-appellant-appellee.

Stuart A. Summit, New York City, N. Y. (Miller & Summit, New York, N. Y.), on the papers opposing the motion, for defendant-appellee-appellant Jacob Freidus.

Marshall Perlin, New York City, N. Y. (Friedman & Perlin, New York, N. Y.), on the papers opposing the motion, for defendants-appellees-appellants 396 Corp. and the Executors of the Will of Samuel E. Aaron.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and TIMBERS, District Judge.

ON MOTION OF THE UNITED STATES TO DELETE COSTS, TREATED AS PETITION FOR REHEARING

PER CURIAM:

The motion of the United States to delete costs is treated as a petition for rehearing, which petition is granted despite the fact that it was filed out of time. Federal Rules of Appellate Procedure, Rule 26(b).

In our previous opinion in this case, United States v. Certain Land, 415 F.2d 265 (2d Cir. Sept. 4, 1969), we awarded...

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