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UNITED STATES v. 44.00 ACRES OF LAND, ETC.

Civ. A. No. 5099.

110 F.Supp. 168 (1953)

UNITED STATES v. 44.00 ACRES OF LAND, MORE OR LESS, IN TOWN OF GREECE, MONROE COUNTY, N. Y. et al.

United States District Court W. D. New York.

January 28, 1953.

Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., Buffalo, N. Y., for plaintiff; R. Norman Kirchgraber, Asst. U. S. Atty., Buffalo, N. Y. and Adolph H. Huttar, Sp. Atty., Department of Justice, Buffalo, N. Y., of counsel.

Frederick Wiedman, Rochester, N. Y., and Gallop, Climenko & Gould, New York City, for defendant John H. Odenbach; Jesse Climenko and Arthur S. Friedman, New York City, of counsel.

BURKE, District Judge.

This is a motion by the defendant Odenbach to vacate and set aside the declaration of taking filed herein on June 11, 1952 on the ground that the estimate of just compensation of $300,000 contained therein was not determined and arrived at in good faith, and to vacate and set aside the ex parte judgment entered thereon dated June 16, 1952.

The plaintiff commenced proceedings for condemnation of the property described in the declaration...

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