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STEWART v. FUGATE

187 S.E.2d 156 (1972)

212 Va. 689

Robert D. STEWART et al. v. Douglas B. FUGATE, State Highway Commissioner of Virginia. Carlton D. STEWART et al. v. Douglas B. FUGATE, State Highway Commissioner of Virginia.

Supreme Court of Virginia.

March 6, 1972.

Attorney(s) appearing for the Case

J. E. Betts, Richmond (J. L. Fray, Culpeper, A. C. Epps, Richmond, Fray & Hudson, Culpeper, Christian, Barton, Parker, Epps & Brent, Richmond, on brief), for appellants.

Stuart H. Dunn, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., W. D. Reams, Jr., Culpeper, on brief), for appellee.

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

I'ANSON, Justice.

In April 1969 the State Highway Commissioner instituted two condemnation proceedings in the court below to take 4.25 acres of the lands of Carlton D. Stewart and wife and 1.83 acres of the lands of Robert D. Stewart and wife, for construction of a limited access highway commonly known as the Culpeper by-pass, and a service road running along the highway.

Subsequently, the Stewarts filed separate bills of complaint against the Commissioner...

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