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STATE v. GEORGE F. LANG COMPANY

191 A.2d 322 (1963)

The STATE of Delaware, upon the Relation of the STATE HIGHWAY DEPARTMENT, Plaintiff, v. GEORGE F. LANG COMPANY, a Delaware corporation, et al., Defendants.

Supreme Court of Delaware.

April 30, 1963.

Attorney(s) appearing for the Case

Daniel L. Herrmann and William D. Bailey, Jr., of Herrmann, Bayard, Brill & Russell, Wilmington, for plaintiff.

H. James Conaway, Jr., of Morford, Young & Conaway, Wilmington, for defendant George F. Lang Company.

Before SOUTHERLAND, C. J., and WOLCOTT and TERRY, JJ.

WOLCOTT, Justice.

We accepted certification of three questions of law involving the exercise by the State of its power of eminent domain to acquire land on which to construct a freeway through the City of Wilmington. This freeway is known officially as F.A.I. -2 or Interstate Route 95. Our reason for accepting the certification was that present planning and construction make it advisable for the State Highway Department to...

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