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STATE EX REL. SMITH v. LIVINGSTON LIMESTONE

547 S.W.2d 942 (1977)

STATE of Tennessee ex rel. Robert F. SMITH, Commissioner Department of Transportation, Petitioner, v. LIVINGSTON LIMESTONE COMPANY, INC., Respondent.

Supreme Court of Tennessee.

March 14, 1977.

Attorney(s) appearing for the Case

Snow & Poteet, Cookeville, Russell G. Lazenby, Asst. Atty. Gen., R.A. Ashley, Jr., Atty. Gen., Nashville, for petitioner.

John A. Turnbull, Roberts & Turnbull, Livingston, for respondent.

OPINION

BROCK, Justice.

This is an eminent domain proceeding brought by the State to acquire 1.98 acres of land from the defendant, Livingston Limestone Company, a corporation, leaving 54.02 acres of the original tract remaining. The trial court approved a jury verdict awarding $7,000.00 as the value of the 1.98 acres taken and an additional $10,000.00 for incidental damages to the remaining 54.02 acres. The State appealed to the Court of Appeals which reversed...

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