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STATE HIGHWAY AND TRANSPORTATION COMMISSIONER v. CARTER

Record No. 770641.

250 S.E.2d 344 (1979)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER of Virginia v. Thomas A. CARTER and Mary Carter.

Supreme Court of Virginia.

January 12, 1979.

Attorney(s) appearing for the Case

John S. Morris, III, Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., John S. Bundy, White, Elliott, Bundy & Jones, Abingdon, on brief), for plaintiff in error.

G. C. Jennings, Marion, on brief, for defendant in error.

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

PER CURIAM.

This is an appeal by the State Highway and Transportation Commissioner of Virginia (Highway Commissioner) from a final order of the trial court in a condemnation proceeding instituted by the Highway Commissioner against Thomas A. Carter and Mary Carter (the landowners). This order confirmed the report of trial commissioners which awarded the landowners $400 as compensation for land taken and $6800 as damages to the residue of landowners' property. We awarded...

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