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CITY OF RICHMOND v. SOUTHERN RAILWAY COMPANY

123 S.E.2d 641 (1962)

203 Va. 220

CITY OF RICHMOND v. SOUTHERN RAILWAY COMPANY.

Supreme Court of Appeals of Virginia.

January 15, 1962.

Attorney(s) appearing for the Case

James A. Eichner, Asst. City Atty., Richmond (J. E. Drinard, City Atty., Richmond, on brief), for appellant.

Thomas B. Gay, H. Merrill Pasco, Richmond (Roderick D. Sinclair, Richmond, on brief), for appellee.

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

WHITTLE, Justice.

On March 20, 1961, Southern Railway Company filed with the State Corporation Commission an application for a declaratory judgment containing two counts. Under Count I it sought adjudication that the City of Richmond must comply with § 25-233, Code of Virginia, 1950,1 when seeking to condemn property of the Railway, and that the City should not be granted permission under § 25-233 to condemn the property of the...

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