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RICHMOND, FREDERICKSBURG & POTOMAC R. CO. v. FUGATE

142 S.E.2d 546 (1965)

206 Va. 159

RICHMOND, FREDERICKSBURG AND POTOMAC RAILROAD COMPANY v. Douglas B. FUGATE, State Highway Commissioner, and S. A. Burnett, et al., etc.

Supreme Court of Appeals of Virginia.

June 14, 1965.

Attorney(s) appearing for the Case

Urchie B. Ellis, Richmond (David S. Antrobius, Richmond, on brief), for petitioner.

M. Ray Johnston, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Paul D. Stotts, Asst. Atty. Gen., on brief), for respondent, Douglas B. Fugate, State Highway Commissioner.

H. Ratcliffe Turner, Richmond (Joseph F. Spinella, Richmond, on brief), for Board of Sup'rs of Henrico County.

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

EGGLESTON, Chief Justice.

Invoking the original jurisdiction of this court, the Richmond, Fredericksburg and Potomac Railroad Company has filed a petition against Douglas B. Fugate, State Highway Commissioner, and S. A. Burnett and others, members of the Board of Supervisors of Henrico county, praying for the issuance of a writ of mandamus to compel both the Highway Commissioner and the Board to institute eminent domain proceedings in the proper court to ascertain...

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