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FOODTOWN, INC. v. STATE HIGHWAY COMMISSIONER

195 S.E.2d 883 (1973)

FOODTOWN, INC., et al. v. STATE HIGHWAY COMMISSIONER of Virginia et al.

Supreme Court of Virginia.

April 23, 1973.

Attorney(s) appearing for the Case

Malcolm M. Christian, Richmond (Cutchins, Wallinger, Christian & House, Richmond, on brief), for appellants.

Richard H. C. Taylor, Richmond, Thomas W. Blue, Asst. Atty. Gen. (McCaul, Grigsby & Pearsall, Andrew P. Miller, Atty. Gen., Richmond, on brief), for appellees.

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

I'ANSON, Justice.

In June 1968 the State Highway Commissioner of Virginia filed his petition to acquire by eminent domain certain lands of Riley B. Lowe and Helen F. Lowe, his wife, in Hanover County, Virginia, to be used in connection with the construction of highway Route 295. A part of the land taken and the building thereon were leased to Foodtown, Inc., Sam D. Ukrop, and Emily I. Ukrop, his wife ("Foodtown" or "lessees") on May 23, 1966, to be used as a food...

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