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COMMONWEALTH v. McCREADY

371 S.W.2d 485 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Richard F. McCREADY et al., Appellees.

Court of Appeals of Kentucky.

October 4, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., James B. Stewart, Leslie Aberson, Dept. of Highways, Frankfort, for appellant.

Stephen T. Davis, Marshall McCann, Jr., White & McCann, Winchester, for appellees.

MONTGOMERY, Judge.

The Department of Highways of the Commonwealth of Kentucky brought condemnation proceedings against certain lands owned by appellees, Richard F. McCready and wife, to secure a right of way for Interstate Highway 64. Both parties appealed from the county court commissioners' award of $52,756.26. In circuit court the jury awarded $52,049.54. The Department appealed.

Appellees purchased the land in question in 1946 as part of a rectangular...

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