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FOSTER v. HERLEY

Civ. No. 21904.

207 F.Supp. 71 (1962)

Thomas E. FOSTER, Plaintiff, v. Mark HERLEY, Director of the Detroit Housing Commission, Detroit Housing Commission, City of Detroit, Michigan, Defendants.

United States District Court E. D. Michigan, S. D.

August 17, 1962.

Attorney(s) appearing for the Case

Elvin H. Wanzo, Detroit, Mich., for plaintiff.

Nathaniel H. Goldstick, Corp. Counsel, City of Detroit, Detroit Mich., for defendants.

KAESS, District Judge.

In this suit, the plaintiff seeks a judgment declaring his right to compensation for a decline in the value of property owned by him, said to be the result of action taken by the City of Detroit. For the purposes of this motion, the following facts pleaded in the second amended complaint are taken as true:

In October, 1949, the City of Detroit initiated eminent domain proceedings in the area bounded by Waterloo, Chene, and Lafayette...

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