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WEST VIRGINIA BD. OF REGENTS v. FAIRMONT, M. & P. R. CO.

No. 13192.

189 S.E.2d 40 (1972)

WEST VIRGINIA BOARD OF REGENTS, a Corporation, v. FAIRMONT, MORGANTOWN AND PITTSBURGH RAILROAD COMPANY, a Corporation, et al.

Supreme Court of Appeals of West Virginia.

Decided June 6, 1972.

Attorney(s) appearing for the Case

Herschel Rose, James D. Nash, Jr., Fairmont, for plaintiffs in error.

Mike Magro, Jr., Morgantown, for defendant in error.

CARRIGAN, Judge:

West Virginia Board of Regents, hereinafter referred to as Regents, instituted a proceeding in eminent domain in the Circuit Court of Monongalia County, West Virginia, seeking to acquire certain surface, rights of way and aerial easements for a personal rapid transit system over land in Monongalia County owned by Fairmont, Morgantown and Pittsburgh Railroad Company and in the possession of The Baltimore...

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