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TOWN OF BENNINGTON v. VAIL

No. 155.

92 A.2d 467 (1952)

TOWN OF BENNINGTON v. VAIL et al.

Supreme Court of Vermont.

November 5, 1952.

Attorney(s) appearing for the Case

Norton Barber, Bennington, for plaintiff.

Waldo C. Holden, Bennington, Christopher A. Webber, Rutland, for Lester B. and Louise Vail.

Franklin P. Jones and Manfred W. Ehrich, Jr., Bennington, for Lucie Beverley Duer.

Before SHERBURNE, C. J., CLEARY, ADAMS, and CUSHING, JJ., and CHASE, Supr. J.

CUSHING, Justice.

On May 31, 1951, the selectmen of the town of Bennington filed with the Public Service Commission a petition seeking the condemnation of certain rights and easements above and in lands located in such town for airport purposes. The lands are owned by Lester B. Vail but occupied by Louise Vail, Lucie B. Duer, Fairdale Farms, Inc., subject to a mortgage in favor of Fillmore Farms, Inc., Harold W. Taylor and Anita D. Taylor, subject to a mortgage in...

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