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MAY v. MALCOLM

116 S.E.2d 114 (1960)

202 Va. 78

S. D. MAY, State Highway Commissioner, v. Bruce MALCOLM et al.

Supreme Court of Appeals of Virginia.

September 2, 1960.

Attorney(s) appearing for the Case

M. Ray Johnston, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., Francis C. Lee, Asst. Atty. Gen., on brief), for plaintiff in error.

Ralph H. Brumet, Bristol, for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

I'ANSON, Justice.

This is a condemnation proceeding instituted by the State highway commissioner, plaintiff-in-error herein, for the purpose of condemning in fee simple a strip of land containing 4.96 acres, with the buildings thereon, owned by Bruce Malcolm and Pauline Gertrude Malcolm, defendants-in-error herein, to be used in the construction, maintenance and alteration of a section of a public road in Washington county, just west of the city of Bristol, Virginia...

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