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NORFOLK SOUTHERN RAILWAY CO. v. AMERICAN OIL CO.

198 S.E.2d 607 (1973)

214 Va. 194

NORFOLK SOUTHERN RAILWAY COMPANY v. AMERICAN OIL COMPANY.

Supreme Court of Virginia.

August 30, 1973.

Attorney(s) appearing for the Case

Richard M. Swope, Norfolk (Lawson Worrell, Jr., William C. Worthington, Williams, Worrell, Kelly & Worthington, Norfolk, on brief), for plaintiff in error.

Reid M. Spencer, Norfolk (Gaynor V. McNeal, Wolcott, Spencer, Rivers & McNeal, Norfolk, on brief), for defendant in error.

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

HARRISON, Justice.

The City of Virginia Beach (City) filed condemnation proceedings in the court below to acquire for highway purposes a parcel of land containing 9,566 square feet owned by Norfolk Southern Railway Company (Railway) and leased to American Oil Company (Amoco). Thereafter the City and Railway, with the acquiescence of Amoco, agreed upon $73,085 as the value of the property taken, including improvements and damages. Proceedings were

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