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ARKANSAS REAL ESTATE CO. v. ARKANSAS STATE HY. COM'N

No. 5-3031.

371 S.W.2d 1 (1963)

ARKANSAS REAL ESTATE COMPANY, Inc., Appellant, v. ARKANSAS STATE HIGHWAY COMMISSION et al., Appellees.

Supreme Court of Arkansas.

October 7, 1963.

Attorney(s) appearing for the Case

Moses, McClellan, Arnold, Owen & McDermott, Little Rock, for appellant.

Dowell Anders, H. Clay Robinson and Bill Demmer, Little Rock, Walter H. Laney, Camden, for appellees.

McFADDIN, Justice.

This appeal results from the fact that the Arkansas State Highway Commission named the wrong party as owner of a tract of land in an eminent domain proceeding. The said party erroneously named as landowner received the amount deposited in the Court, which amount the Highway Commission now seeks to recover. At the same time, the true owner of the land seeks to recover from the Arkansas State Highway Commission the value of the land taken in the eminent...

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