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STATE ROAD COMMISSION v. PENNDEL COMPANY

(Parcels No. 1-3). No. 12164.

129 S.E.2d 133 (1963)

The STATE ROAD COMMISSION of West Virginia, a Corporation, et al. v. PENNDEL COMPANY, a Delaware Corporation, et al. (three cases).

Supreme Court of Appeals of West Virginia.

Decided January 15, 1963.

Attorney(s) appearing for the Case

Goodwin, Mead & Goodwin, Wheeling, for plaintiff in error.

Anthony G. Halkias, Philip J. Sheets, Charleston, for defendants in error.

CAPLAN, Judge.

This is a proceeding in eminent domain instituted in behalf of the State of West Virginia by the state road commission (herein referred to as commission), against Penndel Company, a Delaware corporation (herein referred to as Penndel). The purpose of the proceeding is to acquire certain parcels of land as a right of way for the construction of Interstate No. 70, a public road. Penndel owns all of the land involved. Dwelling houses had been erected,...

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