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COM. DEPT. OF TRANSP., ETC. v. LOUISVILLE G. & E.

526 S.W.2d 820 (1975)

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. LOUISVILLE GAS & ELECTRIC COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 19, 1975.

Attorney(s) appearing for the Case

William L. Willis, Gen. Counsel, Asst. Atty. Gen., Dept. of Transp., Bureau of Highways, Frankfort, Frank Yates, Jr., Louisville, for appellant.

Clifford E. Smith, Jr., Smith & Duff, Frankfort, Charles G. Middleton, Jr., Middleton, Reutlinger & Baird, Louisville, for appellee.

LUKOWSKY, Justice.

The Commonwealth of Kentucky, Department of Transportation, Bureau of Highways appeals from a judgment of the Franklin Circuit Court which determines the rights of the parties in relation to utility lines running along Dixie Highway in Jefferson County. The removal and relocation of the lines by Louisville Gas and Electric Company was necessitated by the widening of Dixie Highway by the Commonwealth under the direction of the Federal Highway Administration...

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