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STATE, DEPARTMENT OF HIGHWAYS v. HURT

478 S.W.2d 775 (1971)

STATE of Tennessee, DEPARTMENT OF HIGHWAYS, Charles Speight, Commissioner, Petitioner-Appellee, v. J. Morgan HURT, Ruth Wilson Hurt, Defendants Not Appealing, Golf Enterprises, Inc., Defendant-Appellant.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied April 3, 1972.

Attorney(s) appearing for the Case

Taylor, Schlater & Smith, Nashville, for petitioner-appellee.

Howser, Thomas, Summers & Binkley, Nashville, for defendant-appellant.

Certiorari Denied by Supreme Court April 3, 1972.

OPINION

TODD, Judge.

This is an eminent domain proceeding wherein Golf Enterprises, Inc., lessee of a part of the property taken, has appealed from the award of damages. The owners, J. Morgan Hurt and Ruth Wilson Hurt, have not appealed.

Initially, it is necessary to consider the appellee's motion to dismiss the appeal because the property owners (lessors) are indispensable parties to the...

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