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MILLER v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

487 S.W.2d 931 (1972)

Preston S. MILLER and Ola Mae Miller, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, et al., Appellees.

Court of Appeals of Kentucky.

November 17, 1972.

Attorney(s) appearing for the Case

W. Currie Milliken, G. D. Milliken, Jr., Bowling Green, for appellants.

Harold D. Ricketts, Harlin, Parker, Ricketts, Lucas & English, Bowling Green, M. H. Smith, Louisville, Charles Huddleston, Bowling Green, for appellees.

CATINNA, Commissioner.

Preston S. Miller and Ola Mae Miller owned a tract of land in Bowling Green, Kentucky, fronting on the Old Morgantown Road, the road being the northwest boundary of the tract. They operated Miller's Bottled Gas Company on a part of the tract, and a large storage tank used in the operation was located near the east boundary. The main north-south tracks of the Louisville and Nashville Railroad Company were located approximately 160 feet east of...

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