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5.97752 ACRES OF LAND IN NEW CASTLE COUNTY v. STATE

202 A.2d 924 (1964)

5.97752 ACRES OF LAND IN NEW CASTLE COUNTY, New Castle Hundred, State of Delaware, Alice R. Moore, Widow, Frank B. Moore and Edith W. Moore, his wife, and Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware upon the relation of J. Gordon SMITH, et al., Constituting the State Highway Department of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 23, 1964.

Attorney(s) appearing for the Case

Stephen Hamilton, Jr., and Frank O'Donnell, of Hamilton & O'Donnell, Wilmington, for appellants.

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

WOLCOTT, Justice, and CHRISTIE and STIFTEL, Judges, sitting.

WOLCOTT, Justice.

This is an appeal from an order of the Superior Court setting aside an award by Condemnation Commissioners and granting a new trial.

The State condemned six acres of the defendant's land for highway construction purposes. The six acres in question were part of a farm of 198 acres on which the defendant lived and operated a farm. The land had a gravel-bearing strata thoughout and a portion of the land in the past was operated by the defendant...

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