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STATE v. SAWYERS

Nos. 12222, 12223.

133 S.E.2d 257 (1963)

STATE ex rel. Owen QUEEN et al. v. Burl A. SAWYERS, State Road Commissioner, etc. STATE ex rel. Ezra CHAPMAN et al. v. Burl A. SAWYERS, State Road Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Decided November 26, 1963.

Attorney(s) appearing for the Case

R. H. Burford, Beckett & Burford, Huntington, for relator Queen.

William N. Matthews, Huntington, for relator Chapman.

Anthony G. Halkias, Benjamin A. Ritchie, Charleston, for respondent.

CALHOUN, Judge.

This case involves two original proceedings in mandamus to compel Burl A. Sawyers, State Road Commissioner of West Virginia, to institute two proceedings in eminent domain to ascertain just compensation for damage alleged to have been caused to two parcels of real estate, separately owned, in Cabell County, as a consequence of the construction of a controlled access highway known as Interstate Route No. 64. Inasmuch as the factual situations and legal...

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