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STATE v. SAWYERS

No. 12203.

130 S.E.2d 345 (1963)

STATE ex rel. Samuel Kenneth CUTLIP et al. v. Burl A. SAWYERS, as State Road Commissioner of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided April 2, 1963.

Attorney(s) appearing for the Case

Donald C. Carman, T. D. Kauffelt, Charleston, for relators.

Anthony G. Halkias, Charleston, for respondent.

PER CURIAM.

Relators, Samuel Kenneth Cutlip and Oreda L. Cutlip, filed their petition in this Court on December 4, 1962, praying for a rule requiring the respondent to show cause why a writ of mandamus should not be awarded against him compelling him to institute condemnation proceedings to ascertain just compensation for the property of relators taken or damaged by the state road commission. The petition alleges in substance that relators are the owners of a tract...

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