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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HATCHER

386 S.W.2d 262 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Emma HATCHER, Appellee.

Court of Appeals of Kentucky.

January 22, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

W. W. Burchett, Prestonsburg, for appellee.

MONTGOMERY, Judge.

By order of September 20, 1960, entered without notice by the court during term time, the condemnation action of the Commonwealth of Kentucky, Department of Highways, against Emma Hatcher was dismissed. The condemnor appeals from an order of the court overruling its motion under CR 60.02, seeking to set aside the order of dismissal.

On April 16, 1959, an order continuing the case generally was entered. No other step appears to have been...

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