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STATE HIGHWAY & TRANSP. COM'R v. EDWARDS CO.

Record No. 770800.

255 S.E.2d 500 (1979)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER of Virginia v. The EDWARDS COMPANY, INCORPORATED, etc.

Supreme Court of Virginia.

June 8, 1979.

Attorney(s) appearing for the Case

Valentine W. Southall, Jr., Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., on briefs), for plaintiff in error.

B. M. Millner, Newport News (Svein J. Lassen, Robert W. Curran, Marshall, Blalock, Garner & Millner, Newport News, on brief), for defendant in error.

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

HARMAN, Justice.

The State Highway and Transportation Commissioner of Virginia (Commissioner), under Code § 25-46.17, has perfected this appeal from the trial court's ruling on preliminary issues which arose in the Commissioner's condemnation action against property of The Edwards Company, Incorporated (Edwards or the landowner).

While a number of issues are raised and discussed on brief and at oral argument, we need consider only two dispositive questions...

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