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UNITED STATES v. BEDFORD ASSOCIATES

Nos. 267, 377, Dockets 80-6105, 6107.

657 F.2d 1300 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. BEDFORD ASSOCIATES, a Partnership, Doris K. Carver and Samuel Ades, individually and as partners of Bedford Associates, and Amcar Management Corp., Defendants-Appellees, and The Bowery Savings Bank, Intervenor-Appellee. The BOWERY SAVINGS BANK, Plaintiff-Appellee, v. BEDFORD ASSOCIATES, a Partnership, Doris K. Carver and Samuel Ades, individually and as partners of Bedford Associates, Defendants-Appellees, and United States of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Harvey J. Wolkoff, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., William J. Brennan, Michael H. Dolinger, Asst. U. S. Attys., New York City, on the brief), for plaintiff-appellant.

Frank H. Wohl, New York City (Ronald Jay Litchman, Douglas J. Clubok, Rosenman Colin Freund Lewis & Cohen, New York City, on the brief), for defendants-appellees Bedford Associates et al.

Terence F. Gilheany, New York City (Howard R. Hawkins, Jr., Terrence J. Connolly, Cadwalader, Wickersham & Taft, New York City, on the brief), for plaintiff-appellee Bowery Savings Bank.

Before MOORE, MULLIGAN, and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

These consolidated appeals, now before us for the second time, require us to determine the rights and liabilities of three parties interested in a 21-story office building located at 120 Church Street in New York City. Bedford Associates1 owns the building; The Bowery Savings Bank ("Bowery") holds a consolidated first mortgage on it; and the United States Internal Revenue Service ("IRS") has occupied the building...

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