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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. VAUGHN

390 S.W.2d 146 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Morris B. VAUGHN et al., Appellees.

Court of Appeals of Kentucky.

May 7, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., George S. Clay, Henderson, Dandridge F. Walton, Madisonville, for appellant.

Leonard T. Mitchell, L. B. Lawton, Henderson, for appellees.

MILLIKEN, Judge.

This highway condemnation proceeding was tried before Com., Department of Highways v. Sherrod (1963), Ky., 367 S.W.2d 844, and involves the taking of a strip of land for the widening of U. S. 41 about a mile south of the City of Henderson. Both parties had appealed to the Circuit Court from a county court judgment awarding the landowners $9,400 pursuant to the appraisal of commissioners appointed by the county court...

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