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MARYMOUNT COLLEGE OF VIRGINIA v. HARRIS

139 S.E.2d 43 (1964)

205 Va. 712

MARYMOUNT COLLEGE OF VIRGINIA v. H. H. HARRIS, State Highway Commissioner.

Supreme Court of Appeals of Virginia.

November 30, 1964.

Attorney(s) appearing for the Case

Cornelius H. Doherty, Arlington (Cornelius H. Doherty, Jr., Arlington, on brief), for appellant.

Paul D. Stotts, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., M. Ray Johnston, Asst. Atty. Gen., Jesse, Phillips, Kendrick & Gearheart, Arlington, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

CARRICO, Justice.

Marymount College of Virginia, the complainant, appeals from a final decree sustaining a demurrer to its bill of complaint, dismissing its bill and denying it an injunction restraining H. H. Harris, State Highway Commissioner, the defendant, "from proceeding in the taking and condemning of the plaintiff's property."

In its bill, the complainant alleged that it was the owner of property located at 2807 North Glebe Road, Arlington, and, "that...

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