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FOLEY CONSTRUCTION COMPANY v. WARD

375 S.W.2d 392 (1963)

FOLEY CONSTRUCTION COMPANY, a Corporation, et al., Appellants, v. Henry WARD, Commissioner of the Department of Highways, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 6, 1964.

Attorney(s) appearing for the Case

Robin Griffin, Miller, Griffin & Marks, Lexington, for appellants.

Donald Moloney, Lexington, John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., James J. Shannon, Jr., Frankfort, for appellees.

MONTGOMERY, Judge.

The decisive question is: May the Department of Highways, an agency of the state, defeat an action for damages for breach of a contract by the plea of sovereign immunity?

Foley Construction Company, a corporation, and Harry D. Foley, doing business as Foley Construction Company, sued Henry Ward, Commissioner, and the Department of Highways of the Commonwealth of Kentucky for $1,197,046.33 as damages for the breach of a contract to construct...

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