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MILBY v. LOUISVILLE GAS & ELECTRIC CO.

375 S.W.2d 237 (1963)

Elmer MILBY et al., Appellants, v. LOUISVILLE GAS & ELECTRIC COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing February 7, 1964.

Attorney(s) appearing for the Case

Davis Williams, Munfordville, for appellants.

Stokes A. Baird, Charles R. Richardson, Munfordville, Peter, Heyburn & Marshall, Gavin Cochran, Samuel R. Wells, Louisville, for appellee.

CULLEN, Commissioner.

The Louisville Gas and Electric Company brought proceedings, under KRS 278.501, to condemn the right to store natural gas in an underground storage field below a 92-acre tract of farm land owned by the Milby family. Certain surface easements necessary for the storage operations also were being condemned. The jury in circuit court awarded damages of $13,000 and judgment was entered accordingly. The Milbys have appealed, primarily on the basis...

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