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POTOMAC ELECTRIC POWER COMPANY v. FUGATE

180 S.E.2d 657 (1971)

POTOMAC ELECTRIC POWER COMPANY v. Douglas B. FUGATE, State Highway Commissioner of Virginia. WASHINGTON GAS LIGHT COMPANY v. Douglas B. FUGATE, State Highway Commissioner of Virginia.

Supreme Court of Appeals of Virginia.

April 26, 1971.

Attorney(s) appearing for the Case

John S. Stump, Alexandria (Angus H. Macaulay, Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Mays, Valentine, Davenport & Moore, Richmond, on brief), for plaintiffs in error.

Randolph E. Trow, Jr., Richmond (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

CARRICO, Justice.

In separate but similar motions for declaratory judgment, Potomac Electric Power Company and Washington Gas Light Company, the plaintiffs, sought declarations of rights against Douglas B. Fugate, State Highway Commissioner of Virginia, the defendant. The controversy presented by the motions centered around the defendant's direction to the plaintiffs to remove their utility facilities from land which had been acquired by the defendant for construction...

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