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CITY OF EL DORADO v. KIDWELL

No. 5-3025.

370 S.W.2d 602 (1963)

CITY OF EL DORADO, Appellant, v. Charles L. KIDWELL et ux., Appellees.

Supreme Court of Arkansas.

September 23, 1963.

Attorney(s) appearing for the Case

James Spencer, Jr., El Dorado, for appellant.

Brown, Compton & Prewett, El Dorado, for appellee.

McFADDIN, Justice.

This is an eminent domain proceeding. The City of El Dorado filed action in the Circuit Court, seeking to take a strip of ground 10 feet wide for an out fall sewer line. The strip went through the appellees' lands for a considerable distance. In their answer to the condemnation proceeding, the appellees (Mr. and Mrs. Kidwell) stated:

"Further answering, the defendants state that the sewer line described in the Complaint is not for public...

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