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MR. KLEAN CAR WASH, INC. v. RITCHIE

No. 13778.

244 S.E.2d 553 (1978)

MR. KLEAN CAR WASH, INC. v. William S. RITCHIE, Jr., Commissioner, etc.

Supreme Court of Appeals of West Virginia.

June 6, 1978.

Attorney(s) appearing for the Case

W. Robert Carr, John R. Frazier, Princeton, for plaintiff in error.

John H. Gorman, John F. Rist, III, Beckley, for defendant in error.

MILLER, Justice:

Appellant, the Commissioner of the West Virginia Department of Highways (herein termed State), complains of an order entered by the Circuit Court of Raleigh County granting a writ of mandamus in favor of Mr. Klean Car Wash, Inc. (herein called Mr. Klean). The order, dated November 2, 1975, requires the appellant to institute condemnation proceedings against appellee to determine the damages the corporation...

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