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CARR v. BARNETT

580 S.W.2d 237 (1979)

Jacob CARR, Jr., Rockcastle Villa Partnership and Carr Co. of Corbin, Inc., Appellants, v. Clyde BARNETT and wife, Minnie Lee Barnett, Wayne Stewart and wife, Ruby Stewart, Clyde Linville and wife, Margaret Linville, Roy G. Brown and wife, Flora Mae Brown, Appellees. Clyde BARNETT and wife, Minnie Lee Barnett, Wayne Stewart and wife, Ruby Stewart, Clyde Linville and wife, Margaret Linville, Roy G. Brown and wife, Flora Mae Brown, Cross-Appellants, v. Jacob CARR, Jr., Rockcastle Villa Partnership and Carr Co. of Corbin, Inc., Cross-Appellees.

Court of Appeals of Kentucky.

April 6, 1979.

Attorney(s) appearing for the Case

Robert L. Milby, Hamm, Taylor, Milby & Farmer, London, for appellants and cross-appellees.

Carl R. Clontz, Clontz & Cox, Mt. Vernon, for appellees and cross-appellants.

Before HOGGE, LESTER and VANCE, JJ.

LESTER, Judge.

Plaintiffs below, appellees in the direct appeal, recovered a judgment awarding them damages for unauthorized removal of their dirt against Jacob Carr, Jr. and C. and C. Contracting Corporation, the latter of which is not a party to this appeal, and an order granting plaintiffs an easement by implication over land owned by Rockcastle Villa Partnership. However, those same parties were denied judgment permitting...

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