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NATIONAL R.R. PASSENGER CORP. v. 10,178 SQ. FT. OF LAND

No. 89 Civ. 2173 (RPP).

781 F.Supp. 234 (1991)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. 10,178 SQUARE FEET OF LAND MORE OR LESS, SITUATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK; Morton L. Weitzner, Dorothea M. Weitzner and Isidor S. Weitzner; Morton L. Weitzner, Dorothea M. Weitzner and Isidor S. Weitzner, as Trustees of the Estate of Henry M. Weitzner; Demjo Diner, Inc. and unknown others, Defendants.

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

December 20, 1991.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan by James G. Greilsheimer, Marie V. SantaCroce, New York City, Dennis M. Moore, Nat. R.R. Passenger Corp. (Amtrak), Law Dept., Washington, D.C., for plaintiff.

Peter H. & Hubert J. Brandt by Hubert J. Brandt, Willa I. Lewis, New York City, for Weitzner defendants.

Greco & Gottlieb by Michael J. Greco, New York City, for Demjo Diner, Inc.

AMENDED REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW

ROBERT P. PATTERSON, Jr., District Judge.

PRELIMINARY STATEMENT

The property taken by plaintiff, National Railroad Passenger Corporation ("Amtrak"), in this condemnation action consists of a lot containing 10,178 square feet, a one-story diner building containing many fixtures, a paved lot for parking and a parking attendant's booth. It is located at 365-369 Ninth Avenue on the corner of Ninth...

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