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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. OLIVER

415 S.W.2d 847 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Josie OLIVER et al., Appellees.

Court of Appeals of Kentucky.

June 2, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Sp. Asst. Atty. Gen., Dept. of Highways, Frankfort, Carl T. Miller, Jr., Jackson, for appellant.

Ralph N. Walter, Nickell & Walter, West Liberty, E. E. Bach, Campton, for appellees.

CLAY, Commissioner.

In this condemnation case the Commonwealth acquired approximately 11 acres for the construction of the Mountain Parkway through appellees' 115-acre farm in Wolfe County. We set aside an award on a former appeal on the ground that the testimony of the landowners' witnesses did not have sufficient probative value to support it. Commonwealth, Dept. of Highways v. Oliver, Ky., 385 S.W.2d 173. The present award was...

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