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KNIGHT v. STATE OF NEW YORK

No. 735, Docket 35352.

443 F.2d 415 (1971)

Luther KNIGHT, Plaintiff-Appellant, v. STATE OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 12, 1971.

Attorney(s) appearing for the Case

William E. Easton, Rochester, N. Y. (Easton & Bittker, Rochester, N. Y., of counsel), for plaintiff-appellant.

Jeremiah Jochnowitz, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of New York, and Ruth Kessler Toch, Sol. Gen., of counsel), for defendant-appellee.

Before FRIENDLY and ANDERSON, Circuit Judges, and LEVET, District Judge.

FRIENDLY, Circuit Judge:

This action in the District Court for the Western District of New York results from the procedure under § 30 of New York's Highway Law, McKinney's Consol. Laws, c. 25, whereby title to property which the commissioner of transportation deems necessary for the construction or reconstruction of state highways vests in the State immediately upon the filing of a description and map of the property to be appropriated in the office of the county...

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