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W. VA. DEPT. OF HIGHWAYS v. BRUMFIELD

No. 15309.

295 S.E.2d 917 (1982)

W. VA. DEPARTMENT OF HIGHWAYS v. G. Frank BRUMFIELD, et al.

Supreme Court of Appeals of West Virginia.

September 20, 1982.

Attorney(s) appearing for the Case

Joseph Martorella, Huntington, Daniel Duval, Legal Div., Dept. of Highways, Charleston, for appellee.

Kenneth H. Fisher, Huntington, for appellants.

MILLER, Chief Justice:

In this case, Frank and Francis Brumfield appeal the final decision of the Circuit Court of Cabell County, in which they were awarded $75,000 for certain property condemned by the West Virginia Department of Highways. They were denied their motion for a new trial on the ground of newly-discovered evidence. We are called upon to determine whether the new evidence, that the Department of Highways' appraiser's testimony was grossly erroneous and...

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