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UNITED STATES v. 1,132.50 ACRES OF LAND, ETC., ALLEGHENY

No. 628, Docket 35516.

441 F.2d 356 (1971)

UNITED STATES of America, Appellee, v. 1,132.50 ACRES OF LAND, ETC., UPPER ALLEGHENY SAND & GRAVEL CO., Inc., Appellant.

United States Court of Appeals, Second Circuit.

Decided April 14, 1971.

Attorney(s) appearing for the Case

Dennis M. O'Connell, Greenbelt, Md., Atty. (Shiro Kashiwa, Asst. Atty. Gen., Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., H. Kenneth Schroeder, U. S. Atty., C. Donald O'Connor, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for appellee.

Benjamin C. Perreault, Salamanca, N. Y. (Congdon, Congdon & Perreault, Salamanca, N. Y., of counsel), for appellant.

Arthur Lazarus, Jr., Washington, D. C. (Patricia Roberts Harris, Strasser, Spiegelberg, Fried, Frank & Kampelman, Washington, D. C., of counsel), for defendant Seneca Nation of Indians.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

As part of the Allegheny River Reservoir (Kinzua Dam) Project in southwestern New York State, the United States in 1963 acquired by condemnation flowage rights and other easements on some 10,000 acres in the Allegheny Reservation of the Seneca Nation of Indians (Seneca). The United States and Seneca reached an accord on the fair market value of all but 1,345 acres of the land thus taken, and neither has appealed from the trial judge...

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