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COMMONWEALTH v. UTLEY

350 S.W.2d 698 (1961)

COMMONWEALTH of Kentucky DEPARTMENT OF HIGHWAYS, Appellant, v. Isaac Bethel UTLEY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 1, 1961.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., C. E. Skidmore, Frankfort, for appellant.

Dorsey & Sullivan, Leonard T. Mitchell, M. S. Mahurin, Henderson, for appellees.

CLAY, Commissioner.

This is a condemnation suit brought on behalf of the Department of Highways against the owners of certain property and others interested therein, including lessees. The Commonwealth undertook to appeal from the county court judgment on the ground that the damages awarded were excessive. The circuit court dismissed the appeal on several grounds set forth in "Answers" filed by the defendants to the Commonwealth's "Statement of Appeal". (The practice...

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