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UNITED STATES v. 25.4 ACRES OF LAND

Misc. Nos. 586, 494.

71 F.Supp. 248 (1947)

UNITED STATES v. 25.4 ACRES OF LAND et al. UNITED STATES v. 53¼ ACRES OF LAND et al.

District Court, E. D. New York.

April 2, 1947.

Attorney(s) appearing for the Case

Harry T. Dolan, of Brooklyn, N. Y., Sp. Ass't to the Atty. Gen. of the U. S., for the United States.

Cullen and Dykman, of Brooklyn, N. Y. (Jackson A. Dykman, Sigourney B. Olney and Augustus J. Wheeler, all of Brooklyn, N. Y., of counsel), for The Brooklyn Union Gas Co.

Beardsley & Taylor, of New York City (Cameron F. MacRae, Earl G. Clarke and Robert G. Miller, all of New York City, of counsel), for Consolidated Edison Co. of New York.

BYERS, District Judge.

These proceedings have been explained in 65 F.Supp. 333, and pursuant to the suggestion that the claimants might wish to present an alternative theory for computing their damages to that of reproduction cost less depreciation, testimony has been taken on behalf of both claimants, which will be discussed as briefly as possible.

That the misgiving heretofore expressed as to the applicable rule of damages...

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