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STATE v. 0.24148, 0.23831 AND 0.12277 ACRES OF LAND

171 A.2d 228 (1961)

STATE of Delaware ex rel. J. Gordon SMITH et al., Plaintiffs Below, Appellants, v. 0.24148, 0.23831 and 0.12277 ACRES OF LAND, Harvey C. Fenimore et al., Defendants Below, Appellees.

Supreme Court of Delaware.

April 24, 1961.

Attorney(s) appearing for the Case

Donald W. Booker, Wilmington, for appellants.

Samuel R. Russell, Jr., of Morford, Young & Conaway, Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from a judgment of the Superior Court awarding damages against the State Highway Department for an alleged trespass to the lands of the appellees. The appellants are the members of the State Highway Department (hereafter State), and the appellees are certain individuals owning a tract of land in New Castle County (hereafter Fenimores).

This appeal grew out of a condemnation proceeding instituted April 27, 1956 by the State...

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