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COMMONWEALTH, DEPT. OF HIGHWAYS v. GINSBURG

516 S.W.2d 868 (1974)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. J. J. GINSBURG et al., Appellees.

Court of Appeals of Kentucky.

December 6, 1974.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Carl T. Miller, Jr., Gen. Counsel, Dept. of Highways, Frankfort, Phillip K. Wicker, Harris & Wicker, David G. Carroll, Somerset, Jim D. Robinson, Acting Gen. Counsel, Dept. of Highways, Frankfort, for appellant.

Charles B. Upton, Williamsburg, for appellees.

STEINFELD, Justice.

In a condemnation action the jury awarded the owners of unimproved land $200,000 for 4.19 acres taken from a tract which contained 18.49 acres. From a judgment entered pursuant to that verdict the Commonwealth appeals. We affirm.

The Commonwealth challenged for cause juror Phemia Siler because she was a defendant in a similar condemnation proceeding on the same project. KRS 29.270. Her case had been tried, but an appeal was pending. The...

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