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COLLINS v. COMMONWEALTH

324 S.W.2d 406 (1959)

David W. COLLINS, Individually and for and on behalf of all other taxpayers and owners of real estate abutting Highway U. S. 60 in Franklin & Woodford Counties, Appellant, v. COMMONWEALTH of Kentucky, Department of Highways, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 12, 1959.

Attorney(s) appearing for the Case

William B. Gess, Gess, Mattingly, Saunier & Atchison, Lexington, for appellant.

Astor Hogg, Chief Asst. Atty. Gen., E. A. Marye, Jr., Asst. Atty. Gen., for appellees.

BIRD, Judge.

David W. Collins seeks to enjoin the Commonwealth of Kentucky and its Department of Highways from "constructing or attempting to construct" a four lane highway between Frankfort and Versailles along the general route of the present two lane highway designated as U.S. 60 running east and west through the State. He likewise seeks to enjoin them from instituting proceedings to condemn the properties of landowners along the proposed route for the use of the...

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