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BADGLEY v. CITY OF NEW YORK

Nos. 385-389, Dockets 78-7196 to 78-7200.

606 F.2d 358 (1979)

Lillian J. BADGLEY, Emil Lake and Helen Lake, George Elwood, Admr., Estate of B. Van Loan, Lloyd and Eloise L. Canfield, George and Helen Gregory, Plaintiffs-Appellees, v. The CITY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 27, 1979.

Attorney(s) appearing for the Case

Michael R. Gottlieb, Woodbourne, N. Y. (Kalter & Gottlieb, Woodbourne, N. Y., on the brief), for appellees Elwood, Gregory, Badgley and Lake.

Jack Weinberg, New York City (Graubard, Moskowitz, McGoldrick, Dannett & Horowitz, New York City and Herman E. Gottfried, Margaretville, N. Y., Jay C. Cooke and Steven J. Brill, New York City, of counsel, on the brief), for appellees Canfield.

Morris Einhorn, New York City (Allen G. Schwartz, Corp. Counsel, New York City, L. Kevin Sheridan, Leonard Olarsch and William P. Murray, New York City, of counsel, on the brief), for appellant.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

WATERMAN, Circuit Judge:

These actions consolidated for trial, were 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 impoundment, diversion and manipulation of the headwaters of the Delaware River for the City's public water supply purposes. The City's answer admitted that it impounds and diverts the Delaware...

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