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U.S. v. 17,380 SQUARE FEET OF LAND

No. 87 Civ. 4635 (MBM).

678 F.Supp. 443 (1988)

UNITED STATES of America, Plaintiff, v. 17,380 SQUARE FEET OF LAND SITUATED IN the COUNTY of NEW YORK, et al., Defendants.

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

February 18, 1988.

Attorney(s) appearing for the Case

Bernard W. Bell, Asst. U.S. Atty., New York City, for plaintiff.

Stroock & Stroock & Lavan, New York City, for S & M.

Stephen E. Powers, Fink Weinberger Fredman Berman & Lowell, New York City, for Van Wagner.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant S & M Enterprises renews its motion to recover the remaining $2 million of $15.3 million deposited in the Court's custody by the United States as "just compensation" for its taking of the premises that are the subject of this action.

The plaintiff takes no position on the motion, but codefendant Van Wagner Advertising Co. resists on two grounds: (i) that it may have a leasehold interest in...

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