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SHEFFIELD v. COMMONWEALTH DEPARTMENT OF HIGHWAYS

376 S.W.2d 688 (1964)

Jess SHEFFIELD et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, et al., Appellees.

Court of Appeals of Kentucky.

March 13, 1964.

Attorney(s) appearing for the Case

Woodward, Bartlett & McCarroll, Owensboro, for appellants.

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, for appellees.

DAVIS, Commissioner.

In this condemnation proceeding pursuant to KRS 177.081 et seq. the Hopkins Circuit Court dismissed the appeal from the Hopkins County Court undertaken by the present appellants, Jess Sheffield and Raymond Coy. The sole question is whether the circuit court acted properly in dismissing the appeal.

In the county court the Department of Highways (hereafter referred to as the Department) named Alva Coal Corporation and West Kentucky Coal...

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