UNITED STATES v. 6.321 ACRES OF LAND, ETC., SUFFOLK COUNTY

No. 73-1033.

479 F.2d 404 (1973)

UNITED STATES of America, Plaintiff, Appellee, v. 6.321 ACRES OF LAND MORE OR LESS Situated IN SUFFOLK COUNTY et al., Defendants, Appellees, City of Boston, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 30, 1973.


Attorney(s) appearing for the Case

Mack K. Greenberg, Asst. Corp. Counsel, Boston, Mass., with whom Herbert P. Gleason, Corp. Counsel, Boston, Mass., was on brief for appellant.

Jacques B. Gelin, Atty., Dept. of Justice, with whom Kent Frizzell, Asst. Atty. Gen., James N. Gabriel, U. S. Atty., Edmund B. Clark, and Peter H. Ruvolo, Attys., Dept. of Justice, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


McENTEE, Circuit Judge.

This appeal arises from a suit by the United States to condemn certain property located in the City of Boston for use as an addition to an existing postal facility. In April 1966 the Post Office Department notified the City of Boston that it planned to expand the South Boston Postal Annex through the medium of a lease-construction arrangement. Under this plan the proposed addition was to be built and owned by private parties and then leased...

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