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CITY OF ASHLAND v. KITTLE

347 S.W.2d 522 (1961)

CITY OF ASHLAND, Kentucky, a Municipal Corporation, Appellant, v. Barger KITTLE et al., Appellees. David W. PHIPPS et al., Cross-Appellants, v. CITY OF ASHLAND, a Municipal Corporation, Cross-Appellee.

Court of Appeals of Kentucky.

June 23, 1961.

Attorney(s) appearing for the Case

Arthur T. Bryson, Jr., Asst. Corp. Counsel, A. W. Mann, Corp. Counsel, Ashland, for appellant and cross-appellee.

John L. Smith, Catlettsburg, Robert T. Caldwell, J. G. M. Robinson, B. S. Wilson, Jr., Caldwell, Robinson & Wilson, P. H. Vincent, Ashland, for appellees and cross-appellants.

STEWART, Judge.

This action was instituted in the Boyd Circuit Court by City of Ashland to condemn certain improved real estate for use in connection with the expansion of its municipal water system. At a trial before a jury Barger Kittle and Verna Kittle, his wife, the owners of the fee, were awarded $25,000. David W. Phipps and Ann P. Phipps, his wife, and William H. Culbertson and Imogene Culbertson, his wife, the owners of a leasehold interest in the property...

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