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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. MANN

387 S.W.2d 848 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Beverly MANN et al., Appellees.

Court of Appeals of Kentucky.

March 5, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Harold K. Huddleston, Elizabethtown, Reed D. Anderson, Atty., Madisonville, for appellant.

E. E. Hubbard, Fulton & Hubbard, Bardstown, for appellees.

PALMORE, Judge.

In connection with a reconstruction and partial relocation of U. S. Highway 62 the state in this proceeding condemned about 8½ acres of appellees' 394-acre tract (which we shall call the Mann farm) located 1¼ miles west of Bardstown. Both sides appealed from a county court judgment awarding $5675, whereupon a jury in circuit court fixed the amount of recovery at $11,400 and judgment went accordingly. The state appeals.

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