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  5. 195 S.E.2d 160 (1972)
 

STATE EX REL. PRINCE v. WEST VIRGINIA DEPT OF HWYS.

No. 13200.

195 S.E.2d 160 (1972)

STATE ex rel. Myrtle PRINCE and Ronald Ray Fisher v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, a corporation and William S. Ritchie, Jr., its commissioner.

Supreme Court of Appeals of West Virginia.

Decided October 10, 1972.

Attorney(s) appearing for the Case

Broh & Vital, Jack H. Vital, III, Huntington, for relators.

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

CAPLAN, Judge.

This is an original proceeding in mandamus wherein the petitioners, Myrtle Prince and Ronald Ray Fisher, seek a writ to compel the respondents, West Virginia Department of Highways and William S. Ritchie, Jr., its commissioner, to institute a proceeding in eminent domain for the purpose of ascertaining the amount of compensation, if any, to which petitioners are entitled by reason of damages alleged to have been caused to certain real estate of the...

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