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ELLIS v. COMMISSIONER OF DEPT. OF MENTAL HYG. & HOSP.

142 S.E.2d 531 (1965)

206 Va. 194

Joseph E. ELLIS et al. v. COMMISSIONER OF the DEPARTMENT OF MENTAL HYGIENE AND HOSPITALS et al.

Supreme Court of Appeals of Virginia.

June 14, 1965.

Attorney(s) appearing for the Case

Ralph R. Repass, Ralph L. Lincoln, Marion, for plaintiffs in error.

G. R. C. Stuart, Abingdon (Penn, Stuart & Miller, Abingdon, on the brief), for Commissioner of the Department of Mental Hygiene and Hospitals, and others.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO, and GORDON, JJ.

SPRATLEY, Justice.

On March 23, 1961, the State Highway Commissioner of Virginia instituted this eminent domain proceeding against Joseph E. Ellis, Margaret J. Ellis, his wife, L. Stuart Ellis and Frances G. Ellis, his wife, (defendants) for the acquisition of a portion of their property in connection with the construction of Interstate Route No. 81, near the Town of Marion, Smyth County, Virginia.

The Commissioner of the Department of Mental Hygiene and Hospitals...

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