The opinion of the court was delivered by: MOSCOWITZ
MOSCOWITZ, District Judge.
This is a motion to set aside a decision by the Court rendered in favor of the United States as petitioner in a land condemnation proceeding. Pursuant to the Act of Congress approved July 2, 1940, 54 Stat. 712 and the Act of Congress approved February 26, 1931, 46 Stat. 1421, 40 U.S.C.A. § 258a et seq., Hon. Henry L. Stimson, Secretary of War, had filed in this Court a declaration of taking dated January 6, 1941. Possession of the property was delivered to the United States in accordance with the procedure set forth in the statute and this Court is now asked to determine whether the public use requires the condemnation of the real property in question.
An answer has been interposed by the lessee of the premises Ernest Krieg denying in essence the public nature of the taking and alleging that the real purpose of the condemnation was to acquire the land, and immediately make it available for use by the Fairchild Engine and Airplane Corporation, a private corporation, in connection with the manufacture of military aircraft. At the trial, the United States offered in evidence a certified copy of a letter dated January 6, 1941, of the Secretary of War to the Attorney General of the united States wherein it was stated that the immediate possession of the land was necessary for military purposes. The letter reads as follows:
"Dear Mr. Attorney General:
"It is necessary and advantageous to the interest of the United States that a certain parcel of land located at Pinelawn, Town of Babylon, County of Suffolk, State of New York be acquired by the United States of America for military purposes.
"Therefore, pursuant to the provisions contained in the Act of Congress approved July 2, 1940 (54 Stat. 712) Public No. 703 -- 76th Congress, and the Act of Congress approved February 26, 1931 (46 Stat. 1421), it is requested that you cause the necessary proceedings to be instituted for the condemnation of the fee simple title to that certain parcel of land situate at Pinelawn, Town of Babylon, County of Suffolk, State of New York, comprising .073 acres of land, more or less, and more particularly described in the inclosed declaration of taking exected by the Secretary of War on January 6, 1941, which it is also requested be filed in conjunction with the proceeding, as immediate possession of the property referred to is necessary for military purposes.
"The Act of Congress approved July 2, 1940 (54 Stat. 712) Public No. 703 -- 76th Congress, appropriated funds for such purposes.
"The inclosed declaration of taking also sets forth the amount ascertained to be just compensation for the taking, namely, $11,500.00, Cashier's Check No. 31293, payable to the order of the Clerk of the United States District Court, Eastern District of New York, is inclosed for deposit in the registry of the court. Also inclosed are three photostat copies of the declaration of taking for your use.
Henry L. Stimson, Secretary ...