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WHITAKER v. McMINN COUNTY

491 S.W.2d 844 (1973)

G.E. WHITAKER et ux., Appellants, v. McMINN COUNTY, Appellee.

Supreme Court of Tennessee.

March 10, 1973.

Attorney(s) appearing for the Case

J.D. Culvahouse, Decatur, Ziegler & Guinn, Athens, for appellants.

David M. Pack, Atty. Gen., Russell G. Lazenby, Jr., Asst. Atty. Gen., Nashville, Higgins & Biddle, Athens, for appellee.

OPINION

CHATTIN, Justice.

Appellants brought this action against appellee, "for taking private property for public use without condemnation proceedings and for damages to adjoining properties, incidental damages, and other damages," brought about by the construction of Interstate Highway I-75.

The complaint alleged appellants, in July, 1970, executed an option to the Tennessee Department of Highways for the purchase of a certain portion of their...

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