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UNITED STATES v. 243.22 ACRES

October 16, 1941

UNITED STATES
v.
243.22 ACRES OF LAND SITUATE IN VILLAGE OF FARMINGDALE, TOWN OF BABYLON, SUFFOLK COUNTY, STATE OF NEW YORK et al.



The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

This is a motion for an order directing the petitioner-plaintiff to serve a verified bill of particulars of the allegations of the petitioner-plaintiff in this action and to set forth in said bill of particulars the following particulars:

"As to the Allegations Contained in Paragraph 'II' of the Amended Petition:

 "1. State the express purpose or purposes for which the lands are alleged to be necessary to be acquired for the public use for military purposes.

 "2. State when the lands were first deemed necessary to be acquired for the public use for public purposes.

 "3. State the circumstances appertaining to the initial demand or need as alleged for the lands sought to be acquired herein.

 "4. State at whose instance the Secretary of War, his subordinates or agents, were first requested and required to seek condemnation for the lands sought to be acquired herein.

 "5. State the express public use alleged to have created the necessity for acquisition of the lands sought herein.

 "6. State the time or times when the Secretary of War, his subordinates or agents, negotiated with this defendant as alleged herein.

 "7. State the names of the persons who represented the petitioner-plaintiff and who conducted the negotiations alleged to have been made with this defendant herein.

 "8. If such communications were made in writing set forth true copies thereof.

 "9. If such communications were oral, state by whom made in behalf of petitioner-plaintiff and the substance of such oral communications.

 "10. State the price at which the Secretary of War, his subordinates or agents, is alleged to have offered to purchase the lands from this defendant.

 "11. State the price at which this defendant is alleged to have offered to sell her lands to petitioner-plaintiff, or if this defendant did not offer to sell her lands at any price state the date, time and circumstances ...


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