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STATE EX REL. SMITH v. HUFFAKER

503 S.W.2d 106 (1973)

STATE of Tennessee ex rel. Robert F. SMITH, Commissioner, Department of Highways, Appellant, v. Hugh R. HUFFAKER et ux., et al., Appellees.

Supreme Court of Tennessee.

December 3, 1973.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen., Russell G. Lazenby, Jr., Asst. Atty. Gen., Nashville, Earl S. Ailor, Sp. Trial Counsel, Knoxville, for appellant.

Robert L. Ogle, Jr., Sevierville, for appellees.

OPINION

W.M. LEECH, Special Justice.

This is an eminent domain case that resulted in a jury verdict for the fair market value of the land and premises taken in the amount of $31,000.00. The landowners, Hugh and Pauline Huffaker, filed a motion for a new trial with the result that the trial judge suggested an additur of $1,000.00, which was accepted by the State under protest. The State subsequently prayed for and perfected this appeal.

The judgment...

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