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COMMONWEALTH EX REL. DEPT. OF FISH, ETC. v. BROWNING

499 S.W.2d 592 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF FINANCE, ex rel. DEPARTMENT OF FISH AND WILDLIFE RESOURCES, Appellant, v. Ray BROWNING et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing September 28, 1973.

Attorney(s) appearing for the Case

G. E. Reams, Harlan, for appellant.

James S. Greene, Jr., Greene & Forester, Harlan, for appellees.

CULLEN, Commissioner.

This appeal involves the same project (acquisition of flowage easements for Cranks Creek Lake) that was involved in Commonwealth, Department of Finance, ex rel Department of Fish & Wildlife Resources v. Day, Ky., 499 S.W.2d 587 (this day decided). Reference is made to the opinion in that case for a description of the project.

In the instant case the condemning department is appealing from a judgment...

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