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STATE v. 62.96247 ACRES OF LAND IN NEW CASTLE COUNTY

193 A.2d 799 (1963)

The STATE of Delaware ex rel. the STATE HIGHWAY DEPARTMENT, Plaintiff, v. 62.96247 ACRES OF LAND, MORE OR LESS, IN NEW CASTLE HUNDRED, NEW CASTLE COUNTY and State of Delaware, Susan P. Bissell and Unknown Owners, Defendants.

Superior Court of Delaware, New Castle.

August 8, 1963.

Attorney(s) appearing for the Case

Daniel L. Herrmann and William D. Bailey, Jr., Wilmington, for the State.

William Poole, Frank O'Donnell and Charles S. Crompton, Jr. (of Berl, Potter & Anderson), Joseph J. Longobardi, Jr., Wilmington, with them on the brief, John S. Walker, Frank J. Miller, John Van Brunt, Jr. (of Killoran & Van Brunt), Clement C. Wood (of Allmond & Wood), and Abraham Hoffman, Wilmington, for defendant landowners.

LYNCH, Judge.

At the trial of the separate issue in these consolidated cases under Rules 16 and 42 (b), Rules of the Superior Court, concerning the applicability of the so-called "Miller Rule", handed down in United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L.Ed. 336 (1943) in land condemnation cases, defendant landowners called as a witness an expert land appraiser, a registered M.A...

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