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  5. 256 S.W.2d 738 (1953)
 

STATE HIGHWAY COMMISSION v. BYARS

No. 5-32.

256 S.W.2d 738 (1953)

STATE HIGHWAY COMMISSION et al. v. BYARS et al.

Supreme Court of Arkansas.

Dissenting Opinion April 27, 1953.

Rehearing Denied May 4, 1953.

Attorney(s) appearing for the Case

Phil H. Loh, III, Morrilton, William L. Terry, Little Rock, Clyman E. Izard, Van Buren, for appellants.

Franklin Wilder, Ft. Smith, Robinson & Edwards and Batchelor & Batchelor, Van Buren, for appellees.

ROBINSON, Justice.

This appeal grows out of an eminent domain proceeding wherein Crawford County and the Arkansas State Highway Department, appellants, acquired lands owned by the appellees W. B. Byars and wife Willie Catholene Byars, and Tony Christello and wife Mardelle Christello, for a highway right-of-way. 9.405 acres were taken from the Byars; and from the Christellos 9.073 acres plus 1.316 acres and lots combined, which includes a portion of 10 lots in Monte...

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