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EX PARTE COMMONWEALTH

291 S.W.2d 814 (1956)

Ex parte COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, by the Commissioner of Highways, W. P. Curlin, Appellants.

Court of Appeals of Kentucky.

June 22, 1956.

Attorney(s) appearing for the Case

J. D. Buckman, Atty. Gen., C. J. Waddill, William M. Deep, T. W. Johnson, Asst. Attys. Gen., for appellants.

J. T. Hatcher, Paul M. Lewis, Ordie S. Irwin, County Attorney, Elizabethtown, for objectors.

CULLEN, Commissioner.

The appeal is by the Department of Highways of Kentucky from a judgment of the Hardin Circuit Court denying the petition of the department for an order closing a certain county road. The circuit court reversed a pervious judgment of the county court which had ordered that the road be closed. Although the appeal is styled as an ex parte proceeding, actually there are some appellees, consisting of property...

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