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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SWIFT

375 S.W.2d 691 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. C. C. SWIFT 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, Asst. Atty. Gen., Frankfort, James G. Osborne, Covington, for appellant.

David C. Brodie, B. C. Green, Green & Connor, Owensboro, for appellees.

STEWART, Judge.

Appellant, Commonwealth of Kentucky, Department of Highways (herein referred to as the "Commonwealth"), pursuant to KRS 177.081 through KRS 177.089, instituted proceedings in the Daviess County Court to condemn certain property belonging to C. C. Swift and his wife, Mamie, for right of way to construct an interstate highway. An award of $10,300 as recommended by the commissioners was entered by the county court. Both parties appealed to the circuit...

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