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DERBY ROAD BUILDING CO. v. LOUISVILLE GAS & ELEC. CO.

299 S.W.2d 122 (1957)

DERBY ROAD BUILDING COMPANY, Inc., Appellant, v. LOUISVILLE GAS & ELECTRIC COMPANY et al., Appellees.

Court of Appeals of Kentucky.

February 15, 1957.

Attorney(s) appearing for the Case

Henry E. McElwain, Jr., Oldham Clarke, McElwain, Dinning, Clarke & Winstead, Boman L. Shamburger, Louisville, for appellant.

B. Hudson Milner, Gerald Kirven, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for Louisville Gas & Elect.

Stites, Wood, Helm & Peabody, Louisville, for Southern Bell T. & T. Co.

Charles W. Morris, Morris & Garlove, Louisville, for Louisville Water Co.

MONTGOMERY, Judge.

The Derby Road Building Company, Incorporated, appellant, filed an action against the Louisville Gas & Electric Company, Southern Bell Telephone & Telegraph Company, Louisville Water Company, appellees herein, and the Department of Highways of the Commonwealth of Kentucky and its Commissioner. Damages were sought in the sum of $117,258.68.

Appellant entered into a contract with the Department...

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