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S.C. DEPT. OF HIGHWAYS & PUBLIC TRANSPORTATION v. MOONEYHAM

21275

275 S.C. 205 (1980)

269 S.E.2d 329

SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. Tallulah M. MOONEYHAM, Respondent. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. James CUTTINO, Jr., Respondent. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. DOLPHIN, INC., Respondent (3 cases).

Supreme Court of South Carolina.

July 28, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. M. Richbourg Roberson and L. Kennedy Boggs, Columbia; and John W. Chappell and Wade S. Kolb, Jr., of Nash, Chappell & Wilson, Sumter, for appellant.

Robert W. Brown, of Weinberg, Warner, Brown & McDougall, Sumter, for respondent Mooneyham; M.M. Weinberg, Jr., and Robert W. Brown, Sumter, for respondent Cuttino; and Henry B. Richardson and George C. James, of Richardson, James & Player, Sumter, for respondent Dolphin, Inc.

July 28, 1980.

GREGORY, Justice:

The Department of Highways and Public Transportation appeals from orders granting the landowners new trials absolute in each of these three land condemnation cases. Since the issue is the same the appeals have been consolidated. Following each verdict counsel for the landowner moved for and was granted a new trial absolute on the ground the verdict was contrary to the fair preponderance...

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