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COMMONWEALTH v. L. G. WASSON COAL MINING CORP.

358 S.W.2d 347 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. L. G. WASSON COAL MINING CORPORATION, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 22, 1962.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., and William A. Lamkin, Jr., Asst. Attys. Gen., Patrick J. Dixon, Dept. of Highways, Louisville, for appellant.

Robert E. Hatton, Louisville, Winfield K. Denton, Evansville, Ind., Ford Gale Lacey, Boonville, Ind., for appellee.

CULLEN, Commissioner.

L. G. Wasson Coal Mining Corporation (hereinafter "Wasson") brought an action, based on alleged contractual liabilities, against the Commonwealth of Kentucky, Department of Highways, and against Traylor Brothers, Inc. (hereinafter "Traylor"). The latter asserted a cross-claim against the Commonwealth. Judgment was entered against the Commonwealth for $118,173 in favor of Wasson and for $15,133 in favor of Traylor. The Commonwealth undertook to...

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