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CITY OF PORTSMOUTH v. COUNTY OF NORFOLK

93 S.E.2d 296 (1956)

198 Va. 247

CITY OF PORTSMOUTH v. COUNTY OF NORFOLK.

Supreme Court of Appeals of Virginia.

Rehearing Denied September 4, 1956.

Attorney(s) appearing for the Case

R. C. Barclay, City Atty., Portsmouth, and William L. Parker, Norfolk, for appellant.

Edward L. Breeden, Jr., Norfolk, and James N. Garrett, Portsmouth (Peter M. Axson, Jr., Commonwealth's Atty., Portsmouth, on the brief), for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

SMITH, Justice.

The question presented in this case is whether the trial court erred in dismissing an annexation proceeding instituted by the City of Portsmouth, referred to herein as the City, against the County of Norfolk, referred to herein as the County. The facts and proceedings pertinent to our discussion and answer to this question may be stated as follows.

On October 17, 1953, the City enacted an ordinance...

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