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ARKANSAS STATE HIGHWAY COMMISSION v. BLAKLEY

No. 5-1946.

329 S.W.2d 158 (1959)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Allie BLAKLEY et al., Appellees.

Supreme Court of Arkansas.

Concurring Opinion December 7, 1959.

Attorney(s) appearing for the Case

W. R. Thrasher and W. B. Brady, Little Rock, O. Wendell Hall, Jr., Benton, for appellant.

Ben M. McCray, Benton, for appellees.

ROBINSON, Justice.

This is an appeal from a jury verdict in the amount of $1,000 in favor of appellees in an eminent domain action brought by appellant to condemn land for a highway overpass at Benton.

Pursuant to Act 115 of 1953 (Ark.Stat. § 76-534 et seq.) the Arkansas Highway Commission filed a declaration of taking of the land involved and made a deposit of estimated just compensation in the amount of $500. The deposit was withdrawn by appellees under...

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