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NAT. R.R. PASSENGER CORP. v. TWO PARCELS OF LAND

No. 667, Docket 86-7831.

822 F.2d 1261 (1987)

NATIONAL RAILROAD PASSENGER CORPORATION, A District of Columbia Corporation, Plaintiff-Appellee, v. TWO PARCELS OF LAND ONE 1691 SQ. FOOT MORE OR LESS PARCEL OF LAND IN the TOWN OF NEW LONDON, COUNTY OF NEW LONDON and STATE OF CONNECTICUT; And One 2548 Sq. Foot More or Less Parcel in the Town of New London, State of Connecticut; Eliot Hagar, Defendants, Eliot Hagar, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Emmet L. Cosgrove (Waller, Smith & Palmer, P.C., New London, Conn., of counsel), for plaintiff-appellee.

Joseph E. Moukawsher, New London, Conn., for defendant-appellant.

Before OAKES, MESKILL and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

In this condemnation action, Eliot Hagar, a New London landowner, appeals from (1) an order of the United States District Court for the District of Connecticut (Constance Baker Motley, Chief Judge, sitting by designation) denying Hagar's motion for summary judgment and granting plaintiff National Railroad Passenger Corporation's cross-motion for summary judgment on the issue whether plaintiff was authorized to condemn Hagar's property; and...

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