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STIDHAM v. COM., DEPT. OF TRANSP., BUR., ETC.

579 S.W.2d 372 (1978)

Davis STIDHAM and Nora Stidham, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 16, 1978.

Attorney(s) appearing for the Case

Don A. Ward, Barbourville, for appellants.

Ed W. Hancock, Asst. Atty. Gen., Dept. of Transp., Frankfort, Dell W. Littrell, Lexington, for appellee.

Before PARK, VANCE and WINTERSHEIMER, JJ.

WINTERSHEIMER, Judge.

This is an appeal from an order entered September 8, 1977, which sustained a motion to strike appellants' exceptions and dismissed this condemnation action. Appellants owned a tract of real estate in Perry County, Kentucky, through which the appellee desired to construct a highway. A condemnation action was filed on October 6, 1976, pursuant to K.R.S. 416.540 et seq. Three commissioners were appointed and made their report to the court...

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