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STATE v. SAWYERS

No. 12433.

142 S.E.2d 886 (1965)

STATE ex rel. Ruby SMELTZER v. Burl A. SAWYERS, State Road Commr. of W. Va.

Supreme Court of Appeals of West Virginia.

Decided June 29, 1965.

Attorney(s) appearing for the Case

Quinlan, Nelson & Williamson, H. G. Williamson, Huntington, for relator.

Anthony G. Halkias, Charleston, for respondent.

BROWNING, President:

In this original proceeding in this Court, petitioner, Ruby Smeltzer, alleging damage to her property as a result of the construction of I-64 in Wayne County, West Virginia, prays for a writ of mandamus commanding the defendant to institute condemnation proceedings against her to ascertain just compensation for such alleged damages. Defendant answered, denying that any damage to petitioner has resulted from the construction of such highway and...

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