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UNITED STATES v. O'CONNELL

No. 523, Docket 73-2149.

496 F.2d 1329 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. John V. O'CONNELL and Jopat Realty Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 16, 1974.

Attorney(s) appearing for the Case

Taggart D. Adams, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the Southern District of New York, and Gerald A. Rosenberg, Asst. U. S. Atty., on the brief), for plaintiff-appellant.

Frank J. Delany, Washington, D. C., for defendants-appellees.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

The issue for decision here is a question of real property law of the sort rarely coming before this court. Claiming that it was the owner of easements by implication in two pieces of property located in Peekskill, New York, the United States commenced this action for a declaratory judgment, permanent and preliminary injunctions, and damages on January 4, 1973, in the Southern District of New York. Under Rule 65(a)(2), F.R.Civ.P., the hearing...

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