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STATE EX REL. RIDDLE v. DEPARTMENT OF HIGHWAYS

No. 12940.

179 S.E.2d 10 (1971)

STATE ex rel. Dudley Cyrus RIDDLE v. The DEPARTMENT OF HIGHWAYS of West Virginia and William S. Ritchie, Jr., Commissioner of the Department of Highways of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided February 16, 1971.

Attorney(s) appearing for the Case

Baer & Napier, William K. Napier, Huntington, for relator.

Claude H. Vencill, Legal Division, W. Va. Dept. of Highways, Charleston, for respondents.

HAYMOND, Judge.

In this original mandamus proceeding, instituted in this Court March 3, 1970, the petitioner, Dudley Cyrus Riddle, seeks a writ to compel the defendants, the Department of Highways of West Virginia and William S. Ritchie, Jr., Commissioner of the Department of Highways of West Virginia to institute an eminent domain proceeding against the petitioner in the Circuit Court of Wayne County, West Virginia, to ascertain damages to a tract of land of 8.82...

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