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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. LEMAR

375 S.W.2d 678 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sallie LEMAR et al., Appellees.

Court of Appeals of Kentucky.

February 14, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Paul E. Hunley, Dept. of Highways, Frankfort, for appellant.

Julian H. Golden, Pineville, for appellees.

MONTGOMERY, Judge.

Sallie Lemar and her husband were awarded $15,700 in a condemnation action to obtain right of way for the relocation and reconstruction of U. S. 119 between Pineville and Harlan. The Department of Highways on appeal contends that (1) Evidence of sale prices of comparable property should not have been rejected; (2) the resulting damages are excessive; and (3) the witnesses for the landowners were not properly qualified.

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