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KROGER CO. v. LOUISVILLE & JEFFERSON COUNTY AIR BD.

308 S.W.2d 435 (1957)

The KROGER COMPANY, Appellant, v. LOUISVILLE & JEFFERSON COUNTY AIR BOARD et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 24, 1958

Attorney(s) appearing for the Case

Henry E. McElwain, Jr., McElwain, Dinning, Clarke & Winstead, Louisville, for appellant.

James W. Stites, T. Kennedy Helm, Jr., Louisville, for appellees.

STEWART, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court which dismissed condemnation proceedings as to The Kroger Company (hereinafter referred to as "Kroger"), a defendant below. Kroger seeks to recover damages as a result, not of the taking, but of the refusal of the condemner to take, the property involved in this appeal.

On May 26, 1954, appellee, Louisville & Jefferson County Air Board (hereinafter referred to as "Air Board...

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