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MISS. STATE HWY. COMM. v. ELLZEY ET AL.

No. 41757.

240 Miss. 689 (1961)

128 So.2d 561

MISSISSIPPI STATE HIGHWAY COMMISSION v. ELLZEY et al.

Supreme Court of Mississippi.

April 3, 1961.

Attorney(s) appearing for the Case

Welch, Gibbes & Graves, Boyd & Holifield, Laurel, for appellant.

Deavours & Hilbun, George Maxey, Laurel, for appellees.

ETHRIDGE, J.

The Mississippi State Highway Commission appeals from a judgment of the Circuit Court of the First Judicial District of Jones County, in favor of R.B. Ellzey, et al. In this eminent domain proceeding, appellees were awarded by the jury the sum of $36,400 for the taking of 22.43 acres of land for a right of way, and for damages to the remainder of appellees' tract. This is the second appearance of this cause. In the former case, reported in

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