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W. VA. DEPT. OF HIGHWAYS v. ARBOGAST

Nos. 13400, 13401.

201 S.E.2d 492 (1973)

W. VA. DEPT. OF HIGHWAYS, etc., et al. v. Arlie ARBOGAST, etc., et al. W. VA. DEPT. OF HIGHWAYS, etc., et al. v. Mark E. BURKE, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1973.

Attorney(s) appearing for the Case

Anthony G. Halkias, Legal Div., DOH, Charleston, James E. Spurlock, Elkins, for petitioners.

Brown, Harner & Busch, John E. Busch, Elkins, for respondents.

NEELY, Justice:

These cases are original actions in prohibition brought by the West Virginia Department of Highways against the Honorable George R. Triplett, Judge of the Circuit Court of Randolph County, and certain landowners to prohibit the judge from proceeding to trial with four separate actions in condemnation. The proceedings in prohibition have been consolidated for decision because they present almost identical questions of law and fact.

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