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SOLTER v. SANDY VALLEY GROCERY COMPANY

352 S.W.2d 816 (1961)

E. H. SOLTER, Appellant, v. SANDY VALLEY GROCERY COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

October 6, 1961.

Attorney(s) appearing for the Case

Creech & Cox, Ashland, for appellant.

Thomas Burchett, Ashland, Eldon S. Dummit and James Francis Miller, John M. Kelly, Lexington, for appellee.

MONTGOMERY, Judge.

E. H. Solter recovered judgment in the sum of $42,178.72 against Sandy Valley Grocery Company, Inc., and Hagan Ratcliff Grocery Company, Inc. An appeal by the grocery companies from this judgment was dismissed for failure to file the record within the time permitted by CR 73.08. The mandate of this Court on this order contained no provision for damages under KRS 21.130. Solter's right to recover such damages is presented by a motion in this Court...

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