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SMITH v. BLACK

547 S.W.2d 947 (1976)

Robert F. SMITH, Commissioner of Transportation, etc., Plaintiff-Appellant, v. Carl V. BLACK et al., Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied March 14, 1977.

Attorney(s) appearing for the Case

R.A. Ashley, Jr., Atty. Gen., Nashville, Michael Murphy, Murfreesboro, for plaintiff-appellant.

Marshall E. Duggin, Woodbury, for defendants-appellees.

Certiorari Denied by Supreme Court March 14, 1977.

OPINION

TODD, Judge.

In this eminent domain proceeding, the plaintiff, Commissioner of Transportation, has appealed from a non-jury award of $12,000.00 for the taking of a quantity of defendants' land for highway purposes.

The original petition, filed on July 14, 1972, sought condemnation of a 1.997 acre tract. The original answer, filed on May 14, 1974, raised only the issue of damages....

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