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UNITED STATES v. O'CONNELL

No. 73 Civ. 68.

358 F.Supp. 925 (1973)

UNITED STATES of America, Plaintiff, v. John V. O'CONNELL and Jopat Realty Corp., Defendants.

United States District Court, S. D. New York.

April 9, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, U. S. Atty., for the Government by Taggart D. Adams, and Dennison Young, Jr., Asst. U. S. Attys., of counsel.

Fred J. Bianco, Jr., Leone Pecoraro, Peekskill, N. Y., for defendants.

OPINION

DUFFY, District Judge.

The question presented by this case is whether the United States of America, as fee owner of a housing project in Peekskill, New York, has obtained an easement by use or by implication over two parcels of land, one of which is a private road immediately contiguous to a parking lot owned by the project.

By order of this Court dated March 5, 1973, the Government's motion for...

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