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COMMONWEALTH v. FULTZ

360 S.W.2d 216 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Waldo FULTZ, Bertha Fultz, and First National Bank of Grayson, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 12, 1962.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Linza B. Inabnit, Legal Section, Dept. of Highways, Frankfort, for appellant.

O. F. Duval, W. H. Counts, Olive Hill, for Waldo Fultz, Bertha Fultz, and First Nat. Bank of Grayson.

W. H. Counts, Olive Hill, R. C. Littleton, Grayson, for Sherman Shumate and Lena Shumate.

Thomas D. Theobald, Grayson, W. H. Counts, Olive Hill, R. C. Littleton, D. V. Kibbey, Grayson, for Joyce Martin, Bennie Martin, Sherman Shumate and Lena Shumate.

H. R. Wilhoit, Grayson, for S. C. Tabor.

H. R. Wilhoit, Grayson, for Earl McGlone and Lena McGlone.

O. F. Duval, Olive Hill, H. R. Wilhoit, Grayson, for W. C. Preston (substituted as appellee-defendant in place of Standard Oil Co.), and L. C. Barker.

Wm. C. Kibbey, Grayson, for Wheeler Parsons, Opal Parsons, Mrs. Effie Johnson, D. V. Gearhart and Maggie Gearhart.

PALMORE, Judge.

Thirteen appeals by the state highway department from orders and judgments of the Carter Circuit Court in or arising out of condemnation cases have been consolidated for joint consideration. This opinion disposes of them all.

We are confronted with a procedural nightmare. In 1957 the state filed proceedings under KRS 177.081 et seq. to condemn 38 pieces of real estate on Main Street in the city of Olive Hill, so as to carry out a program of...

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