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ARKANSAS STATE HIGHWAY COMMISSION v. FOX

No. 5-1792.

322 S.W.2d 81 (1959)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. C. E. FOX and Katherine Fox, His Wife, and White River Petroleum Company, Appellees.

Supreme Court of Arkansas.

Dissenting Opinion April 9, 1959.

Attorney(s) appearing for the Case

W. R. Thrasher and Bill Demmer, Little Rock, for appellant.

Yingling & Yingling, Searcy, for appellees.

JOHNSON, Justice.

This appeal concerns a condemnation suit filed by the State Highway Commission on certain lands in White County for construction or reconstruction of a portion of U. S. Highway No. 67, northeast of the town of Bald Knob. The complaint was filed under authority of Act No. 419 of 1953. The Declaration of Taking was filed under authority of Act No. 383 of 1953, and a deposit in the amount of $3,000 was made by the appellant. The title to said lands...

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