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STATE v. 0.15 ACRES OF LAND, ETC.

164 A.2d 591 (1960)

STATE of Delaware Upon the Relation of J. Gordon SMITH et al., constituting the State Highway Department of the State of Delaware, Plaintiff, v. 0.15 ACRES OF LAND, MORE OR LESS, IN NEW CASTLE HUNDRED, NEW CASTLE COUNTY and State of Delaware, Harvey Mintzer, and Harvey Mintzer, trading as Toppers Drive-In Restaurant and Unknown Owners, Defendants.

Superior Court of Delaware, New Castle.

August 29, 1960.

Attorney(s) appearing for the Case

Daniel L. Herrmann and William D. Bailey, Jr. (of Herrmann & Duffy), Wilmington, for plaintiff.

Jackson W. Raysor, Georgetown, for defendants.

STIFTEL, Judge.

This is a condemnation case wherein the State Highway Department of the State of Delaware (State) has moved to set aside the award of a condemnation jury of commissioners on the basis that there was no competent evidence adduced by the defendants, Harvey Mintzer and Shirley Mintzer (lessees), as to value for the taking of their leasehold, Toppers Drive-in Restaurant, a luncheonette business operated by them on the southbound lane of the duPont Highway...

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