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Benz v. New York State Thruway Authority

10 N.Y.2d 806 Court N.Y. Decision date 1961-10-05 English

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p. 806
Marie Benz, Appellant, v. New York State Thruway Authority, Respondent.
Submitted October 2, 1961;
decided October 5, 1961.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was pre

p. 807
sented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether plaintiff was deprived of just compensation in violation of the due process clause of the Fourteenth Amendment. The Court of Appeals held there was no such deprivation or violation. [See 9 N Y 2d 486 .]

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