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ARKANSAS STATE HIGHWAY COMMISSION v. SCOTT

No. 5-3401.

385 S.W.2d 636 (1965)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Thos. Nelson SCOTT et ux., Appellees.

Supreme Court of Arkansas.

January 11, 1965.

Attorney(s) appearing for the Case

Mark E. Woolsey and Don Langston, Little Rock, for appellant.

James L. Langston, Hardin, Barton, Hardin & Jesson, Ft. Smith, for appellees.

McFADDIN, Justice.

The appellant, Arkansas State Highway Commission (hereinafter sometimes called "Commission"), filed this suit in the Sebastian Chancery Court, Fort Smith District, seeking a declaratory judgment as to the width of the highways (U.S. Highway No. 71 and U.S. Highway No. 271) adjacent to the property of the appellee, Thomas Nelson Scott.1 At the close of the plaintiff's (appellant's) case the Trial Court sustained the defendant...

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