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ARKANSAS STATE HIGHWAY COM. v. JOHNS

No. 5-2989.

367 S.W.2d 436 (1963)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. John W. JOHNS et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied June 3, 1963.

Attorney(s) appearing for the Case

Dowell Anders and H. Clay Robinson, Little Rock, for appellant.

Batchelor & Batchelor, Van Buren, for appellees.

GEORGE ROSE SMITH, Justice.

In this eminent domain proceeding the appellant seeks to acquire about half of a twelve-acre tract owned by the appellees. The circuit court, sitting without a jury, awarded the landowners $3,500 as compensation for the property being taken. For reversal the appellant contends that the court erred in refusing to strike the testimony of certain witnesses for the landowners.

Two of the witnesses, Bob Gelly and Joe Snelly, were real...

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