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STATE EX REL. DEPT. OF TRANSP., ETC. v. GEE

565 S.W.2d 498 (1977)

STATE of Tennessee ex rel. DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Robert F. Smith, Commissioner, Plaintiff-Appellee, v. Harvey GEE and wife, Mary Virginia Gee, Madison Investments, J. Vaulx Crockett, Trustee, the Equitable Life Assurance Society of the United States, Defendants-Appellants.

Court of Appeals of Tennessee, Middle Section.

Rehearing Denied October 28, 1977.

Certiorari Denied April 10, 1978.

Rehearing Overruled October 28, 1977.

Attorney(s) appearing for the Case

Harry S. Lester, Frank Grace, Jr., J. Vaulx Crockett, Nashville, for defendants-appellants.

R.H. Ashley, Jr., Atty. Gen., Clark Tidwell, Nashville, for plaintiff-appellee.

Certiorari Denied by Supreme Court April 10, 1978.

Rehearing Overruled October 28, 1977. See 567 S.W.2d 470.

OPINION

DROWOTA, Judge.

In this case we are confronted with the issue of apportionment of a condemnation award for a partial taking of property subject to a long-term lease.

On September 26, 1974, the State filed its petition to take by eminent...

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