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UNITED STATES v. 243.22 ACRES OF LAND

No. M-465.

43 F.Supp. 561 (1942)

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.

January 14, 1942.

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 the United States.

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

Samuel Rudykoff, of New York City, for Joseph W. Kay, 3d and Louis G. Wills.

Pruitt, Hale, MacIntyre, & Coursen, of New York City (Henry Y. Schooner, of New York City, of counsel), for American Airplane & Engine Corporation.

MOSCOWITZ, District Judge.

This is a motion to set aside a decision for the United States of America, the petitioner-plaintiff, after a trial before the Court without a jury. The defendant is not entitled to a jury trial as a matter of right in a condemnation proceeding. See opinion in this case filed October 31, 1941, D.C., 41 F.Supp. 805.

On December 19, 1940, the petitioner-plaintiff filed in the office of the Clerk...

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