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STATE v. CITY OF DUNBAR

No. 10813.

95 S.E.2d 457 (1956)

STATE of West Virginia ex rel. E. M. WELLS and Lucy I. Wells, v. The CITY OF DUNBAR, a Municipal Corporation, and D. L. Salisbury, Mayor.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1956.

Attorney(s) appearing for the Case

Donald L. Schaffer, Charleston, for plaintiffs in error.

S. L. Flournoy, B. J. Pettigrew, Jr., Charleston, for defendants in error.

GIVEN, Judge.

Relators, E. M. Wells and Lucy I. Wells, owners in fee simple of Lot K of the Houston Subdivision, in the City of South Charleston, instituted an original proceeding in mandamus in the Circuit Court of Kanawha County, praying that a peremptory writ be awarded requiring defendants, The City of Dunbar and D. L. Salisbury, Mayor, to prosecute an action in eminent domain for the purpose of ascertaining just compensation owing relators for the taking and...

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