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COMMONWEALTH, DEPT. OF HIGHWAYS v. WHITLEDGE

406 S.W.2d 833 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Clyde A. WHITLEDGE and His Wife, Elsie Whitledge, Appellees.

Court of Appeals of Kentucky.

October 7, 1966.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, Thomas L. Withers, Henderson, for appellant.

William M. Deep, King, Deep & Branaman, Henderson, for appellees.

STEWART, Judge.

This proceeding was instituted in Henderson County by the Commonwealth of Kentucky, Department of Highways, against Clyde A. Whitledge and Elsie Whitledge, his wife, to obtain land to reconstruct U. S. Highway 41. The land sought to be condemned, which is an unimproved tract, abuts on the west side of the existing highway, approximately one mile south of the City of Henderson.

U. S. Highway 41 runs in a north-south direction through Henderson...

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