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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. TRIMBLE

451 S.W.2d 641 (1970)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jack TRIMBLE et al., etc., Appellees.

Court of Appeals of Kentucky.

May 23, 1969.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Jarvis Allen, Frankfort (Dept. of Highways), for appellant.

Clifford B. Latta, Prestonsburg, for appellees.

PALMORE, Judge.

The appellees, Greer-Ellison Coal Company and the trustees of the James Hatcher Estate, brought this action against the state highway department and certain of its officials for injunctive relief and damages. The relationship between the appellees is that the company has a coal lease from the Hatcher estate on some 6,000 acres of land just east of U.S. Highway 23 and the Big Sandy River in Floyd County. Their complaint is that the highway department...

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