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ARKANSAS STATE HIGHWAY COMMISSION v. ALLEN

No. 73-149.

501 S.W.2d 243 (1973)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. O. A. ALLEN et ux., Appellees.

Supreme Court of Arkansas.

November 26, 1973.

Attorney(s) appearing for the Case

Thomas B. Keys and Philip N. Gowen, Little Rock, for appellant.

Joe T. Gunter, Cabot, Hugh L. Brown, Little Rock, for appellees.

BYRD, Justice.

This is the second appearance of this eminent domain action. In Arkansas State Highway Commission v. Allen, 253 Ark. 46, 484 S.W.2d 331 (1972), we reversed a $27,000 judgment upon a jury verdict. On retrial the jury awarded damages in the amount of $23,750. For reversal of the judgment entered thereon the Commission raises the two points hereinafter discussed.

POINT # 1. The Commission here contends that the...

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