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KEITH v. ARKANSAS STATE HIGHWAY COMMISSION

Nos. 5-661, 5-689.

279 S.W.2d 292 (1955)

Marvin N. KEITH et al., Appellants, v. ARKANSAS STATE HIGHWAY COMMISSION and City of Malvern, Appellees.

Supreme Court of Arkansas.

May 23, 1955.

Attorney(s) appearing for the Case

Moore, Burrow, Chowning & Mitchell, Little Rock, for appellants.

W. R. Thrasher, Little Rock, Lawson E. Glover and Cole & Epperson, Malvern, for appellee

McFADDIN, Justice.

Two appeals, consolidated in this Court, stem from the efforts of certain property owners (hereinafter called "appellants") to enjoin the City of Malvern (hereinafter called "City") and the Arkansas State Highway Commission (hereinafter called "Commission"), from constructing a viaduct over certain railroad tracks in the City.

In January, 1954, the City1 adopted its Ordinance No. 494 captioned:

"An ordinance...

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