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UNITED STATES v. 243.22 ACRES OF LAND

No. M-465.

41 F.Supp. 805 (1941)

UNITED STATES v. 243.22 ACRES OF LAND IN VILLAGE OF FARMINGDALE, TOWN OF BABYLON, SUFFOLK COUNTY, N. Y., et al.

District Court, E. D. New York.

October 31, 1941.

Attorney(s) appearing for the Case

Harry T. Dolan, Sp. Asst. to Atty. Gen. (Edward H. Murphy, Sp. Atty., Department of Justice, of New York City, of counsel), for petitioner-plaintiff.

E. John Ernst, Jr., of New York City, for defendant Justine L. Lambert.

MOSCOWITZ, District Judge.

In this condemnation proceeding, the United States seeks to strike out the demand of the owner of the land for a jury trial. Since New York practice, to which this proceeding must conform, 40 U.S.C.A. § 258; cf. Rule 81 (a) (7), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in absence of overriding Federal law, does not require a jury trial, the question of whether the Constitution or statutes of the United States...

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