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STATE, STATE HIGHWAY DEPT. v. 14.69 ACRES OF LAND

245 A.2d 788 (1968)

The STATE of Delaware, upon the Relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellant, v. 14.69 ACRES OF LAND, MORE OR LESS, 31.09 Acres of Land, More or Less, Situate in Brandywine Hundred, New Castle County and State of Delaware, Marion L. Rentz and Harry E. Rentz, Jr., her husband, and Ernest Lodge Vail and Unknown Owners, Defendants Below, Appellees.

Supreme Court of Delaware.

Reargument Denied August 8, 1968.

Attorney(s) appearing for the Case

Aubrey B. Lank, of Theisen & Lank, Wilmington, for appellant.

Donald W. Booker of Booker, Leshem, Green & Shaffer, Wilmington, for Marion L. Rentz and Harry E. Rentz, Jr.

Harvey Porter, Wilmington, for Franklin G. Banks, Guardian for Ernest Lodge Vail.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice:

This is an appeal by the State Highway Department from judgment awarding interest upon a condemnation award. The Department seeks a modification of the date for the commencement of the running of interest.

On August 8, 1965, the Department filed an action to condemn 45.78 acres out of a tract of 60 acres of land in Brandywine Hundred. On August 11, 1965, it deposited, pursuant to 10 Del.C....

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