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ARKANSAS STATE HIGHWAY COMMISSION v. DEAN

No. 5-5032.

447 S.W.2d 334 (1969)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. William J. DEAN et al., Appellees.

Supreme Court of Arkansas.

December 1, 1969.

Attorney(s) appearing for the Case

Thomas B. Keys, and Billy Pease, Little Rock, for appellant.

Clark, Clark & Clark and Guy H. Jones, Conway, for appellees.

FOGLEMAN, Justice.

This is a sequel to Arkansas State Highway Commission v. Dean, 244 Ark. 405, 425 S.W.2d 306. On that appeal we reversed because of the failure of the trial court to give an instruction relating to the duty of appellees to minimize damages sustained by reason of a partial taking of their lands. Although that issue was not before the court on retrial, we find reversible error in the limitation imposed by the trial...

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