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BOARD OF SUPERVISORS v. BOARD OF COUNTY SUPERVISORS

146 S.E.2d 234 (1966)

206 Va. 730

BOARD OF SUPERVISORS OF PRINCE WILLIAM COUNTY et al. v. BOARD OF COUNTY SUPERVISORS OF FAIRFAX COUNTY et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 7, 1966.

Attorney(s) appearing for the Case

H. Selwyn Smith, Comm. Atty., Lytton H. Gibson, Falls Church (Gibson, Hix, Millsap & Hansbarger, Falls Church, on brief), for appellants.

John F. Kay, Jr., Richmond (Ralph C. Louk, Comm. Atty., John S. Davenport, III, Thomas E. Crosley, Jr., Richmond, Robert C. Fitzgerald, Fairfax, Denny, Valentine & Davenport, Richmond, on brief), for Board of County Sup'rs of Fairfax County.

John W. Riely, Richmond (Armistead L. Boothe, A. Hugo Blankingship, Jr., Alexandria, E. Milton Farley, III, Richard G. Joynt, Richmond, Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Hunton, Williams, Gay, Powell & Gibson, Richmond, on brief), for Alexandria Water Co.

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

GORDON, Justice.

This condemnation proceeding was instituted by Fairfax county. Subsequently, Prince William county filed a petition to intervene in the proceeding as a party condemning.1 This appeal is from an order denying that petition.

The present posture may be explained by a brief history of the litigation, including related proceedings brought before the State Corporation Commission.

On January 3, 1962, Fairfax county...

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