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ANDERSON v. SMITH

521 S.W.2d 787 (1975)

W.R. ANDERSON et al., Appellants, v. Robert F. SMITH, Commissioner of the Department of Transportation of the State of Tennessee, Appellee.

Supreme Court of Tennessee.

March 10, 1975.

Attorney(s) appearing for the Case

Walter L. Price, Bryant, Price, Brandt & Jordan, Johnson City, for appellants.

Milton P. Rice, Atty. Gen. and Reporter, Russell G. Lazenby, Asst. Atty. Gen., Nashville, Olan G. Haynes (Sp. Trial Counsel), Hicks, Arnold & Haynes, Johnson City, for appellee.

OPINION

COOPER, Justice.

This appeal is from an order entered in the Circuit Court of Washington County permitting the State of Tennessee to take a voluntary nonsuit in a condemnation action.

Robert F. Smith, Commissioner of the Department of Transportation of the State of Tennessee, filed a petition seeking to condemn the property of the appellants for highway purposes under T.C.A. Sections 23-1528 et seq. Simultaneously with the filing of the petition...

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