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M. S. S. ENTERPRISES, INC. v. LOUISVILLE GAS & ELEC. CO.

445 S.W.2d 425 (1969)

M. S. S. ENTERPRISES, INC., Appellant, v. LOUISVILLE GAS & ELECTRIC COMPANY, Appellee.

Court of Appeals of Kentucky.

October 3, 1969.

Attorney(s) appearing for the Case

Marshall B. Hardy, Jr., Hardy, Logan & Tross, Louisville, for appellant.

O. Grant Bruton, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for appellee.

STEPHEN COMBS, JR., Special Commissioner.

The determining question in this appeal by appellant-condemnee in a condemnation proceeding is procedural. On November 17, 1966, the appellee instituted condemnation proceedings in the Jefferson County Court seeking an easement for the construction and maintenance of electrical transmission lines and appurtenances through and over the land of appellant.

The appellant by its answer challenged appellee's right to condemn...

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