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STATE HIGHWAY DEPARTMENT v. LOTS NOS. 133, 134 & 135

238 A.2d 837 (1968)

The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellant, v. LOTS NOS. 133, 134 AND 135, BLOCK I, OF CONCORD HEIGHTS, Situate IN THE CITY OF WILMINGTON, NEW CASTLE COUNTY and State of Delaware, Richard L. Bair and Louise J. Bair, his wife, Wilmington Savings Fund Society, a corporation of the State of Delaware, and Unknown Owners, Defendants Below, Appellees.

Supreme Court of Delaware.

January 9, 1968.

Attorney(s) appearing for the Case

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

James F. Kelleher, Wilmington, for defendants below, appellees.

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

PER CURIAM:

The State Highway Department urges a reversal of our holding in State Highway Department v. Sapp,* Del., 224 A.2d 598 (1966) to the effect that 10 Del. C. § 8906 is applicable in a condemnation case and that, therefore, it is within the discretion of the Trial Court to assess as costs expert witness fees in a condemnation case.

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