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STATE HIGHWAY COMMISSIONER v. FAIRMAC CORPORATION

181 S.E.2d 605 (1971)

212 Va. 8

STATE HIGHWAY COMMISSIONER of Virginia v. FAIRMAC CORPORATION.

Supreme Court of Appeals of Virginia.

June 14, 1971.

Attorney(s) appearing for the Case

Stuart H. Dunn, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., William B. Moore, Phillips, Kendrick, Gearheart & Aylor, Arlington, on the brief), for appellant.

Howard W. Smith, Jr., Alexandria, for appellee.

Before SNEAD, C.J., and I'ANSON, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

PER CURIAM.

The State Highway Commissioner of Virginia (Highway Commissioner) alleges that the trial court erred in admitting certain evidence of special damage and in granting an instruction on special damage at the hearing before the trial commissioners. Fairmac Corporation has filed a motion to dismiss this appeal on the ground that the Highway Commissioner has failed to properly preserve his objections.

We do not reach the merits of the assignments of...

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