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RIVERS ELEC. v. 4.6 A. OF LAND IN TOWN OF CATSKILL

No. 89-CV-442.

731 F.Supp. 83 (1990)

RIVERS ELECTRIC CO., INC., Plaintiff, v. 4.6 ACRES OF LAND LOCATED IN the TOWN OF CATSKILL, COUNTY OF GREENE, et al. and Unknown Owners, Defendants.

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

February 27, 1990.

Attorney(s) appearing for the Case

Read and Laniado (Sam Laniado, of counsel), Albany, N.Y., for plaintiff.

Walsh Maroney & Ponzini (John St. Onge, of counsel), Tarrytown, N.Y., for defendants John N. Fallon, Grace C. Fallon and Ruth V. Schmidt.

Hiscock and Barclay (Taylor H. Obold, of counsel), Syracuse, N.Y., for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

Introduction

Plaintiff Rivers Electric Co. moves for partial summary judgment on the issue of its right to condemn certain lands located in Greene County, New York, for construction of a hydroelectric project. Plaintiff also moves for severance of the trial on compensation, and proposes to post a deposit to serve as interim compensation to affected landowners while the trial on compensation...

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