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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. CAMPBELL

510 S.W.2d 1 (1974)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. W. B. CAMPBELL, Sr., and Florence Campbell, wife, Appellees.

Court of Appeals of Kentucky.

April 19, 1974.

Attorney(s) appearing for the Case

Carl T. Miller, Jr., Gen. Counsel, Dept. of Highways, Frankfort, Robert Lee Hall, Covington, for appellant.

William P. McEvoy, McEvoy & McEvoy, Florence, for appellees.

VANCE, Commissioner.

This is an appeal by the Department of Highways from a judgment in a condemnation case upon the grounds that the instructions to the jury were erroneous.

The instructions complained of were as follows:

"* * * Therefore, you shall find as you believe from the evidence;

"(a) The fair market value of the tract of land as a whole immediately before the taking. This amount will be between $95,000.00 and $64,885.00, the highest...

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