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DERBY ROAD BUILDING CO. v. COMMONWEALTH

317 S.W.2d 891 (1958)

DERBY ROAD BUILDING CO., Inc., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, W. P. Curlin, Commissioner, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 12, 1958.

Attorney(s) appearing for the Case

Henry E. McElwain, Jr., Oldham Clarke, B. L. Shamburger, Louisville, for appellant.

Dennie Gooch, Jr., and Astor Hogg, Asst. Attys. Gen., B. Hudson Milner, Gerald Kirven, Thomas J. Wood, Charles W. Morris, Louisville, for appellees.

STANLEY, Commissioner.

Derby Road Building Company contracted with the State Department of Highways to construct a certain part of the Watterson Expressway in Jefferson County for the sum of $484,048.03. The work was to be commenced by November 3, 1952, and completed by December 8, 1953. Before the work could be started it was necessary that the right of way be cleared of electric, telephone, gas and water lines on, under and across the right of way. This suit was...

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