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STATE EX REL. DEPT. OF TRANSP. v. BREVARD

545 S.W.2d 431 (1976)

STATE of Tennessee ex rel. DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Robert F. Smith, Commissioner, Plaintiff-Appellant, v. Joe B. BREVARD et ux., et al., Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied June 7, 1976.

Attorney(s) appearing for the Case

R.A. Ashley, Atty. Gen., State of Tennessee, Clark H. Tidwell, Taylor, Schlater, Lassiter & Tidwell [Special Counsel], Nashville, for plaintiff-appellant.

Robert H. Jennings, Jr., West, Jennings & Allen, Nashville, for defendants-appellees.

Certiorari Denied by Supreme Court June 7, 1976.

OPINION

SHRIVER, Judge.

Condemnation proceedings were filed by the State of Tennessee through the Commissioner of Transportation against the landowner defendants to acquire certain real estate for highway purposes. The landowners did not contest the right to acquire the partial taking of their property but excepted to the amount deposited by the State. When the case came on to be tried to a jury on...

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