United States v. 63.04 ACRES OF LAND, ETC., 251
| Decision Date | 24 June 1958 |
| Docket Number | No. 251,Docket 24886.,251 |
| Citation | 257 F.2d 68 |
| Parties | UNITED STATES of America, Petitioner-Plaintiff-Appellee. v. 63.04 ACRES OF LAND, MORE OR LESS, SITUATE AT LIDO BEACH, NEAR CITY OF LONG BEACH, TOWN OF HEMPSTEAD, COUNTY OF NASSAU, State of NEW YORK, and Irving A. Nemerov et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Second Circuit |
Paul Windels, Brooklyn, N. Y., for defendants-appellants. (On the brief: Nathan D. Shapiro, Brooklyn, N. Y., for Bessie N. Shapiro, Samuel Kresberg and Benjamin Kresberg; Jacob Patent, Brooklyn, N. Y., for Gilbert D. Paisner et al.; Leonard R. Fisher, New York City, for Irving A. Nemerov; Isidor E. Leinwand, New York City, for Sam H. Lipson, Trustee in Bankruptcy for William T. Nemerov and Joseph Margolis.)
Harry T. Dolan, Sp. Asst. to Atty. Gen., for petitioner-plaintiff-appellee. (On the brief: Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis and Elizabeth Dudley, Attorneys, Department of Justice, Washington, D. C.)
Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.
Shortly after the remand of this condemnation case as ordered in our earlier opinion, 245 F.2d 140, Chief Judge Inch, who had served as trier at the first trial, assigned the case for prompt hearing and announced that he construed the appellate order to require only a reopening of the judgment and of the record already made to permit of the introduction of evidence of the September 1954 sale, the exclusion of which had been the only ground of reversal. We think this interpretation not unreasonable: it is consistent with procedure sanctioned when a trial judge grants a "motion for a new trial" under Rule 59(a), Federal Rules of Civil Procedure. Even though the opinion several times spoke of a "new trial" and remanded "for a new trial on the valuation of the condemned property," it also noted that the "new trial" was necessary only because of the exclusion of the September sale and thus might be deemed to imply that the proceedings on remand need go no further than to expand the record by proofs as to the September sale and a redetermination of the value on the record thus enlarged. This interpretation was obviously in harmony with considerations of expedition and of economy in judicial administration. Cf. United States v. City of New York, 2 Cir., 165 F.2d 526. And the practice which it envisaged had previously been utilized in this circuit. United States v....
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...Fawcett, 198 F.2d 927 (2d Cir. 1952) (court of appeals may change and modify mandate of prior term). Accord, United States v. 63.04 Acres of Land, 257 F.2d 68, 69 (2d Cir. 1958). This Circuit has long shown considerable willingness to correct what it believed an erroneous interpretation of ......
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...court to have admitted this evidence. Cf., e.g., United States v. 63.04 Acres of Land, 2 Cir., 245 F.2d 140, with its later holding, 2 Cir., 257 F.2d 68. But we find no prejudicial error in its exclusion, for this parcel was substantially unlike the condemned land. First, it was much smalle......
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Factors Etc., Inc. v. Pro Arts, Inc., 77 Civ. 4704 (CHT).
...Fawcett, 198 F.2d 927 (2d Cir. 1952) (court of appeals may change and modify mandate of prior term). Accord, United States v. 63.04 Acres of Land, 257 F.2d 68, 69 (2d Cir.1958). 424 F.2d at 429. Braniff was a diversity case involving an interpretation of Florida law. After the Second Circui......
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Sherwin v. Welch, 17083.
...L.Ed. 195 (1925). 3 The full text of the judgment does not appear in the published report of our opinion. 4 United States v. 63.04 Acres of Land, etc., 257 F.2d 68 (2d Cir. 1958); Goldstein v. Franklin Square Nat. Bank, 107 F.2d 393 (2d Cir. 1939); cf. Maryland Casualty Co. v. United States......