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ARKANSAS STATE HIGHWAY COM'N v. ARKANSAS P. & L. CO.

No. 5-1939.

330 S.W.2d 77 (1959)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. ARKANSAS POWER AND LIGHT COMPANY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 11, 1960.

Attorney(s) appearing for the Case

W. R. Thrasher, Dowell Anders, W. B. Brady, Little Rock, for appellant.

House, Holmes, Butler & Jewell, Little Rock, for appellee.

ROBINSON, Justice.

The appellant, Arkansas State Highway Commission, hereinafter called the Commission, ordered the Arkansas Power & Light Company, hereinafter called the Power Company, to remove its poles and wires from certain property which the Commission intends to use as the right of way for the new El Dorado by-pass, a controlled access highway. The Power Company questioned the authority of the Commission to summarily order such removal, and this suit for...

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