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COMMONWEALTH v. EUBANK

369 S.W.2d 15 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Anna Laura EUBANK et al., Appellees.

Court of Appeals of Kentucky.

June 14, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Frankfort, H. D. Reed, Jr., Asst. Atty. Gen., Leslie D. Aberson, Lawrence L. Pedley, Legal Section, Department of Highways, Frankfort, for appellant.

Lewis A. White, Mt. Sterling, for appellees.

MONTGOMERY, Judge.

The Department of Highways appeals from the condemnation judgment in favor of Anna Laura and Asa Eubank wherein damages were awarded for two parcels of land, one owned by Anna Laura and the other owned jointly with Asa, her husband. No question is raised concerning a third parcel owned by Asa. The right of way condemned was for the construction of Highway I-64.

Appellant contends that: (1) The trial judge made prejudicial remarks during...

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