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ROWLEY v. ARKANSAS STATE HIGHWAY COMMISSION

No. 5-4201.

413 S.W.2d 876 (1967)

Ernest W. ROWLEY, Appellant, v. ARKANSAS STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Arkansas.

April 24, 1967.

Attorney(s) appearing for the Case

Gordon and Gordon, Morrilton, for appellant.

John R. Thompson and Joe T. Gunter, Little Rock, for appellee.

WARD, Justice.

This is an action where the Arkansas Highway Commission (appellee) sued to condemn, for highway construction purposes, land belonging to Ernest W. Rowley (appellant). The decisive issue on appeal requires an interpretation of Ark.Stat.Ann. § 76-536 (Repl.1957) which is § 3 of Act 115 of the Acts of 1953. Since the facts out of which the issue arises are not in dispute they will be briefly stated.

Appellee's complaint, filed November...

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