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FUGATE v. NETTLETON

189 S.E.2d 377 (1972)

213 Va. 26

D. B. FUGATE, State Highway Commissioner of Virginia v. Carolyn B. NETTLETON and Blakeslee N. Chase.

Supreme Court of Virginia.

June 12, 1972.

Attorney(s) appearing for the Case

Richard K. C. Sutherland, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for appellant.

R. B. Stephenson, Jr., Covington (William E. Carson, Stephenson, Kostel, Watson, Carson & Snyder, Covington, on brief), for appellees.

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

PER CURIAM.

Carolyn B. Nettleton and Blakeslee N. Chase (plaintiffs) filed a petition for declaratory judgment1 against D. B. Fugate, State Highway Commissioner (Commissioner), alleging ownership of a private easement through the Fairlawn Subdivision in the City of Covington.2 Plaintiffs alleged that this easement was taken during the construction of Interstate 64 for public use without just compensation. The...

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