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WHITWORTH v. STATE HIGHWAY COMMISSIONER

161 S.E.2d 698 (1968)

209 Va. 95

Beulah M. WHITWORTH v. STATE HIGHWAY COMMISSIONER of Virginia.

Supreme Court of Appeals of Virginia.

June 10, 1968.

Attorney(s) appearing for the Case

J. Sloan Kuykendall, Winchester, (Douglas M. Swift, Jr., Kuykendall & Whiting, Winchester, on the brief), for plaintiff in error.

Paul D. Stotts, Asst. Atty. Gen., (Robert Y. Button, Atty. Gen., Kelly E. Miller, Asst. Atty. Gen., on the brief), for defendant in error.

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

GORDON, Justice.

Beulah M. Whitworth, a landowner, appeals from an order entered November 7, 1966 confirming an award of $33,500 for the taking of part of her property and for the damages to the residue of her property by reason of the taking. The questions presented are: (1) Should the court have summoned, as the panel from which the commissioners would be selected to act in this case, persons who had recently acted as commissioners in other condemnation cases? ...

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