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UNITED STATES v. 26.07 ACRES OF LAND, ETC.

No. C.P. 86.

126 F.Supp. 374 (1954)

UNITED STATES of America, Petitioner-Plaintiff, v. 26.07 ACRES OF LAND, MORE OR LESS, IN THE TOWN OF HEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK, and Jacob Gellman, et al.

United States District Court E. D. New York.

November 29, 1954.

Attorney(s) appearing for the Case

Harry T. Dolan, Sp. Asst. to the Atty. Gen., for petitioner-plaintiff, the United States.

Ralph W. Brown, New York City, for defendant New York Tel. Co. (Tract 308), by Kenneth J. Lucey, Brooklyn, Walter K. McFaul, Earle M. Simonson, New York City, of counsel.

Otto M. Buerger, New York City, for defendant Long Island R. Co. (Tract 306).

Fischer & Bodin, New York City, for defendant Sebastian DiPalermo, etc. (Tract 305), by Harry Sabbath Bodin, New York City, of counsel.

Louis E. Greenberg, New York City, for defendant Alex Fedoryszyn (Tract 238).

Hillard Pollack, Woodmere, for defendant, Lena Lipton (Tract 236).

INCH, Chief Judge.

This condemnation proceeding originally involved more than seventy parcels of real estate in the vicinity of Mitchell Field. The Government has taken some of the parcels in fee, and it has taken so-called "avigation easements" over certain other parcels not taken in fee. All the claims have been settled with the exception of the taking of avigation easements over six parcels, namely, tracts numbered 234, 236 and 238, located in a residential zone...

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