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STATE v. STATE ROAD COMMISSION

No. 12269.

133 S.E.2d 113 (1963)

STATE ex rel. Henry L. WILEY et al. v. STATE ROAD COMMISSION of West Virginia, etc., and Burl A. Sawyers, State Road Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Decided November 5, 1963.

Attorney(s) appearing for the Case

James B. McIntyre, Thomas S. Moore, Charleston, for relators.

Theodore L. Shreve, Charleston, for respondents.

BERRY, President.

This is a proceeding in mandamus instituted under the original jurisdiction of this Court. The petitioners, Henry L. Wiley and Betty L. Wiley, seek to compel Burl A. Sawyers, State Road Commissioner of West Virginia, to institute condemnation proceedings to ascertain damages, if any, due petitioners for an alleged denial to them of direct access to a relocated section of U. S. Route 60 in the vicinity of Rand, Kanawha County, West Virginia.

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