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STATE v. JEFFERSON COUNTY BOARD OF EDUCATION

6 Div. 197, 197 A, B & C.

211 So.2d 146 (1968)

STATE of Alabama v. JEFFERSON COUNTY BOARD OF EDUCATION.

Supreme Court of Alabama.

Rehearing Denied June 20, 1968.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Harvey Elrod, Montgomery, and Jos. S. Mead, Birmingham, for appellant.

Maurice F. Bishop, Frank Bainbridge and J. Kirkman Jackson, Birmingham, for appellee.

LIVINGSTON, Chief Justice.

This is a condemnation proceeding instituted by the State of Alabama to acquire certain school lands owned by the Jefferson County Board of Education for the purpose of building a public highway.

On November 20, 1962, the State of Alabama (State) filed a verified application in the Probate Court of Jefferson County, Alabama, against the Jefferson County Board of Education (Board) to condemn for use as a public highway 18.36 acres...

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