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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. FISTER

376 S.W.2d 543 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ed FISTER et al., Appellees.

Court of Appeals of Kentucky.

March 6, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., James B. Stewart, Dept. of Highways, Frankfort, for appellant.

Robert M. Odear, C. Gibson Downing, Jr., Gladney Harville, Stoll, Keenon & Park, Lexington, for appellees.

DAVIS, Commissioner.

Appellees have requested amendment of our mandate issued pursuant to the opinion reported in Ky., 373 S.W.2d 720. The mandate imposed on the appellees the court costs incident to the appeal. Appellees contend that imposition of costs on the landowner in condemnation cases contravenes §§ 13 and 242 of the Kentucky Constitution. Our view is to the contrary...

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