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YORK v. CLINE CONSTRUCTION COMPANY

336 S.W.2d 34 (1960)

Bess YORK et al., Appellants, v. CLINE CONSTRUCTION COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

June 3, 1960.

Attorney(s) appearing for the Case

O. T. Hinton, F. Dale Burke, Pikeville, for appellants.

Oldham Clarke, McElwain, Dinning, Clarke & Winstead, Louisville, Ky., Edward R. Hays, Baird & Hays, Pikesville, Ky., for appellee and cross-appellant, U.S. Fidelity & Guaranty Co.

CULLEN, Commissioner.

Bess York and Gypsy York Johnson loaned money to one Robert Johnson, a partner in the Cline Construction Company, which at the time was engaged in work on six highway construction projects under contracts with the Kentucky Department of Highways. Some of the money was used to pay for labor, materials and supplies on two projects on which the United States Fidelity and Guaranty Company was surety on the contractor's performance bonds. Among other...

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