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ELWOOD v. CITY OF NEW YORK

Nos. 62 Civ. 2562-CLB, 66 Civ. 2150-CLB, 66 Civ. 2152-CLB, 66 Civ. 2154-CLB and 71 Civ. 5568-CLB.

450 F.Supp. 846 (1978)

George ELWOOD, Administrator of the Estate of Beatrice A. Van Loan, Plaintiff, v. The CITY OF NEW YORK, Defendant. George K. GREGORY and Helen Gregory, Plaintiffs, v. The CITY OF NEW YORK, Defendant. Lillian J. BADGLEY, Plaintiff, v. The CITY OF NEW YORK, Defendant. Emil LAKE and Helen Lake, Plaintiffs, v. The CITY OF NEW YORK, Defendant. Lloyd F. CANFIELD and Eloise L. Canfield, Plaintiffs, v. The CITY OF NEW YORK, Defendant.

United States District Court, S. D. New York.

March 31, 1978.

Attorney(s) appearing for the Case

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, New York City, Herman E. Gottfried, Margaretville, N. Y., Jack Weinberg, New York City, for plaintiffs Canfield.

Kalter & Gottlieb, Michael R. Gottlieb, Woodbourne, N. Y., for plaintiffs Gregory, Badgley, Lake and Elwood.

Allen G. Schwartz, Corp. Counsel, Paul T. Gorman, Asst. Corp. Counsel, Binghamton, N. Y., William P. Murray, Asst. Corp. Counsel, Kingston, N. Y., for defendant City of New York.

FINDINGS AND CONCLUSIONS

BRIEANT, District Judge.

These five actions, consolidated for trial, have been brought by, or in the name of, owners of riparian land situated in Pennsylvania, who claim that the value of their lands along the Delaware River and its West Branch was diminished by the City of New York's diversion of the headwaters of the Delaware River for public water supply purposes.

The Court has subject matter jurisdiction based upon diversity...

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