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ARKANSAS STATE HIGHWAY COMMISSION v. MARLAR

No. 5-5061.

447 S.W.2d 329 (1969)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Steve MARLAR et ux., Appellees.

Supreme Court of Arkansas.

December 1, 1969.

Attorney(s) appearing for the Case

Thomas B. Keys and Virginia Tackett, Little Rock, for appellant.

Graves & Graves, Hope, for appellees.

GEORGE ROSE SMITH, Justice.

In 1962 the highway department set about widening and paving a dirt road that passed in front of the appellees' home in Nevada county. The landowners resisted the entry upon their property. To meet that obstacle the highway department filed this suit to enjoin the Marlars from obstructing the work. The chancellor granted the injunction but required the department to file a $10,000 bond to protect the landowners' claim.

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