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AETNA FREIGHT LINES v. R. C. TWAY COMPANY

298 S.W.2d 293 (1956)

AETNA FREIGHT LINES, Inc., et al., Appellants, v. R. C. TWAY COMPANY, Inc., d/b/a Kentucky Manufacturing Company, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 26, 1956.

Rehearing Denied March 1, 1957.

Attorney(s) appearing for the Case

Stanley B. Mayer, Mayer, Cooper & Keil, Louisville, for appellants.

Charles I. Dawson, Rucker Todd, Bullitt, Dawson & Tarrant, Thomas S. Dawson, Louisville, for appellee.

SIMS, Judge.

Appellants, Paul Fellabaum and Aetna Freight Lines, Inc. (hereinafter referred to as Aetna), seek to set aside a summary judgment entered in favor of appellee, R. C. Tway Company, Inc. (hereinafter referred to as Tway).

Fellabaum purchased a tractor trailer (a "train" consisting of two trailers connected by a drawbar) from an Ohio dealer who had bought the trailer from Tway, the manufacturer. Fellabaum leased the "train" to Aetna, a contract carrier...

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