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EATON ASPHALT PAVING CO. v. CSX TRANSP.

No. 1997-CA-003162-MR.

8 S.W.3d 878 (1999)

EATON ASPHALT PAVING COMPANY, INC.; and the Morrow Gravel Company, Appellants, v. CSX TRANSPORTATION, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 12, 1999.

Attorney(s) appearing for the Case

Richard G. Meyer, Elizabeth Graham Weber, Covington, for appellants.

John S. "Brook" Brooking, Gerald F. Dusing, Covington, for appellee.

Before: JOHNSON, KNOX and SCHRODER, Judges.

OPINION

JOHNSON, Judge:

Eaton Asphalt Paving Company, Inc. (Eaton Asphalt), and Morrow Gravel Company (Morrow) (collectively, appellants) have appealed from the interlocutory order of the Kenton Circuit Court entered on December 3, 1997, authorizing the appellee, CSX Transportation, Inc. (CSX), to condemn 1.4 acres of property owned by Morrow and leased by Eaton Asphalt for the purpose of constructing a passing...

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