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FORTNER v. GULF REFINING COMPANY

316 S.W.2d 65 (1958)

A. B. FORTNER, Jr., et al., Appellants, v. GULF REFINING COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 3, 1958.

Attorney(s) appearing for the Case

Samuel Steinfeld, Steinfeld & Steinfeld, Louisville, for appellants.

Ogden, Galphin & Abell, Louisville, for Gulf Refining Co.

James W. Hendricks, Charles W. McKay, Louisville, for other appellees.

MONTGOMERY, Judge.

A. B. Fortner, Jr., and his wife seek a declaration that certain deed restrictions are unenforceable. They appeal from the judgment upholding the restrictions.

Appellants own a lot at the northeast corner of Third and Fairmont Streets in Louisville. They have contracted to sell the lot to Gulf Refining Company in the event the restrictions are removed. The refining company seeks the same relief sought by appellants. The action is resisted...

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