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COMMONWEALTH, DEPT. OF HIGHWAYS v. WIN-BELT CO.

386 S.W.2d 721 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. WIN-BELT COMPANY, a Corporation, Appellee.

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., Frankfort, H. C. Smith, Lexington, for appellant.

Robert F. Houlihan, Lexington, for appellee.

HILL, Judge.

The appellee, Win-Belt Company, a corporation, filed this suit in the Fayette Circuit Court seeking an injunction against the appellant, Commonwealth of Kentucky, Department of Highways, to prevent the erection of a fence along a right-of-way being sought in a condemnation proceeding then pending in the Fayette Circuit Court. The trial judge granted the relief sought and enjoined the Highway Department from erecting the fence. The Highway Department appealed...

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