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ROOSEVELT FIELD v. TOWN OF NORTH HEMPSTEAD

Civ. A. No. 9707.

88 F.Supp. 177 (1950)

ROOSEVELT FIELD, Inc. v. TOWN OF NORTH HEMPSTEAD et al.

United States District Court E. D. New York.

January 11, 1950.

Attorney(s) appearing for the Case

James G. Moore, Garden City, N. Y. (James G. Moore, Garden City, N. Y., and Joseph H. Wackerman, Brooklyn, N. Y., of counsel), for plaintiff.

Edwards, Froehlich & McDonough, Mineola, N. Y. (James D. C. Murray, New York City, Francis B. Froelich, Mineola, and Irving Greenberg, New York City, of counsel), for defendants, Carle Place Water Dist. and its Commissioners.

BYERS, District Judge.

This is an equitable action, commenced February 9, 1949, in which the plaintiff seeks an injunction against the maintenance of a village water-supply tower, upon the theory that it is an aeronautical hazard and a public and private nuisance.

As to the alleged nuisance, no evidence has been offered on behalf of the public, and the plaintiff's right to assert that the tower is such with respect to itself and its lessees, rests upon such...

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