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COMMONWEALTH, DEPT. OF HIGHWAYS v. REYNOLDS

398 S.W.2d 703 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Frank REYNOLDS et al., Appellees.

Court of Appeals of Kentucky.

January 28, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Tildon H. McMasters, Elizabethtown, for appellant.

James T. Hatcher, Hatcher & Lewis, Elizabethtown, for appellees.

CULLEN, Commissioner.

Shortly before the day set for trial in the circuit court of the issues of damages raised by the appeals of both the Commonwealth and the landowners from a county court highway condemnation judgment it was discovered that by inadvertence the county court judgment had been so worded as to condemn not only the strip of land desired by the Commonwealth for highway right of way, but also an adjoining parcel of 37 acres. On motion of the landowners...

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