U.S. Court of Appeals for the Second Circuit, 1958

United States v. Fox

U.S. Court of Appeals for the Second Circuit · Decided June 30, 1958

257 F.2d 805; 1958 U.S. App. LEXIS 4555 (Federal Reporter, Second Series)

Counsel

John Marshall Lockwood, Huntington, N. Y., Cullen & Dykman, Brooklyn, N. Y. (Jackson A. Dykman, Augustus J. Wheeler and Herman Meltzer, New York City, on the brief), for defendants-appellants., Perry W. Morton, Dept. of Justice, Washington, D. C. (Harry T. Dolan, Brooklyn, N. Y., Roger P. Marquis and Fred W. Smith, Dept. of Justice, Washington, D. C., on the brief), for petitioner-plaintiff-appellee.

Cases that cite this one

6 later published cases cite this decision. The 5 that cite it most often are listed here.

United States v. 765.56 ACRES OF LAND, ETC. (District Court, E.D. New York 1959)
Barber v. Texas Department of Transportation (Tex. App. 2001)
Charlestone Stone Products Co., Inc., a Corporation v. Cecil D. Andrus, Secretary of the Interior, and United States of America (9th Cir. 1977)
United States of America, Petitioner-Plaintiff v. Margaret J. Chase (2d Cir. 1958)
United States v. 765.56 Acres of Land (District Court, E.D. New York 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This appeal brought by the owners of property condemned by the Government challenges the adequacy and basis for the award of compensation made after trial in the District Court without a jury.

There is no claim of error in the reception or exclusion of evidence. Two valuation witnesses testified for the owners and one for the Government.1 The trial judge personally viewed the property and the surrounding neighborhood. In a well considered opinion filed after trial the court found just compensation payable to appellants in the sum of $59,-450. There is substantial evidence to support his findings and conclusions and they should not be modified or disturbed (Phillips v. United States, 2 Cir., 1945, 148 F.2d 714).

Affirmed.-

These valuations of appellants’ property before and after taking were:

Appellants’ witnesses Government’s witness

Baker Griffith Smith

before $328,000. $297,000. $198,000.

after 157,400. 129,525. 138,535.

$170,600. $167,475. $ 59,465.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.