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CARTEE v. COMMONWEALTH

374 S.W.2d 860 (1964)

J. W. CARTEE et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

January 24, 1964.

Attorney(s) appearing for the Case

Holland G. Bryan, Paducah, for appellant.

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Reed Anderson, Paducah, Richard H. Peek, Smithland, for appellee.

MILLIKEN, Chief Justice.

This is an appeal from a summary judgment for the Department of Highways in a suit brought against it by landowners to recover damages for additional impairment of ingress and egress to their property caused by a change in the Department's construction of the highway from the original plan.

In December, 1954, the Department of Highways procured a deed through condemnation proceedings from...

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