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COMMONWEALTH v. LOUISVILLE GAS AND ELECTRIC CO.

346 S.W.2d 536 (1961)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellants, v. LOUISVILLE GAS AND ELECTRIC CO., et al., Appellees.

Court of Appeals of Kentucky.

May 12, 1961.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., F. D. Curry, Wm. L. Brooks, Asst. Attys. Gen., for appellants.

Gerald Kirven, Charles W. Morris, Stites, Wood, Helm and Peabody, Louisville, for appellees.

STANLEY, Commissioner.

This case originated with a suit filed by Derby Road Building Company against the Commonwealth, Department of Highways, and three public utility companies for damages allegedly caused by being delayed in starting road construction due to the failure of the defendants to clear the right of way. A summary judgment in favor of the utility companies was appealed by Derby. The appeal was dismissed on the ground that the judgment was not final. Derby...

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