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BUNCH v. STATE HIGHWAY AND TRANSP. COM'R

Record No. 751427.

231 S.E.2d 324 (1977)

Lewis M. BUNCH and Betty M. Bunch v. STATE HIGHWAY AND TRANSPORTATION COMMISSIONER of Virginia.

Supreme Court of Virginia.

January 14, 1977.

Attorney(s) appearing for the Case

Hugh A. West, Suffolk (Walter S. Felton, Jr., Suffolk, on brief), for plaintiffs in error.

Valentine W. Southall, Jr., Asst. Atty. Gen., Richmond (Andrew P. Miller, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., William R. Savage, III; Glasscock, Gardy & Savage, Richmond, on brief), for defendant in error.

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

HARMAN, Justice.

On August 28, 1973, the State Highway Commissioner of Virginia, now the State Highway and Transportation Commissioner of Virginia (Highway Commissioner), filed in the Circuit Court of the City of Nansemond, now the Circuit Court of the City of Suffolk, a petition in accordance with Title 25, Chapter 1.1 and Title 33.1, Chapter 1, Article 7 of the Code to obtain by condemnation certain property owned by Ophelia

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