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WESTMINSTER INVESTING CORPORATION v. KASS

Civ. A. Nos. 1371-66, 23-66.

266 F.Supp. 597 (1967)

WESTMINSTER INVESTING CORPORATION, a corporation, Plaintiff, v. Garfield I. KASS, Rose Kass, Kass Realty Company, Inc., a corporation, Defendants. UNITED STATES of America, Plaintiff, v. The Right to Use and Occupy 64,417 SQUARE FEET OF LAND, MORE OR LESS, Situate at 4433-4463 Connecticut Avenue, N.W., and 0.11 Acre of Land in Parcels 57/90 and 57/91 in the DISTRICT OF COLUMBIA, Westminster Investing Corporation, a New York Corporation, Kass Realty Company, Inc., a Delaware Corporation et al., and Unknown Owners, Defendants.

United States District Court District of Columbia, Civil Division.

April 17, 1967.

Attorney(s) appearing for the Case

Benjamin W. Dulany, of Douglas, Obear & Campbell, Washington, D. C., for plaintiff.

Frank F. Roberson, of Hogan & Hartson, Washington, D. C., for defendants.

Anthony C. Liotta, D. H. Blackwelder, Department of Justice, Washington, D. C., for the United States.

OPINION

JOHN LEWIS SMITH, District Judge.

Plaintiff Westminster Investing Corporation (herein referred to as "Westminster") owners of parcel 57/61 improved by a commercial building located at 4433-4463 Connecticut Avenue, N. W., brought this action for an injunction and other relief, asserting the right to a perpetual easement by implied grant over a road located on an adjacent tract of land. Title to the adjoining property (herein called the "south tract...

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