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COMMONWEALTH, DEPT. OF HIGHWAYS v. ROBINETTE

386 S.W.2d 719 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Harrison ROBINETTE, Jr., etc., et al., Appellees.

Court of Appeals of Kentucky.

February 5, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Walter Mobley, Flemingsburg, for appellant.

A. W. Mann, P. H. Vincent, Ashland, for appellees.

MILLIKEN, Judge.

This is an appeal by the Department of Highways from a judgment in a condemnation case which was rendered prior to Commonwealth, Department of Highways v. Sherrod (1963), Ky., 367 S.W.2d 844. The land affected by the condemnation was a 128.8-acre tract jointly owned by Pearlie Robinette and her adult son, Harrison Robinette, Jr. The tract was used as a dairy farm and was composed of level, bottom land and hilly...

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