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WELLS v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

384 S.W.2d 308 (1964)

Tommy WELLS et al., d/b/a Wells & Wells Construction Company, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

November 20, 1964.

Attorney(s) appearing for the Case

William A. MacKenzie, Jones, Ewen & MacKenzie, Louisville, for appellants.

L. A. Faurest, Jr., Elizabethtown, John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., James J. Shannon, Jr., Dept. of Highways, Frankfort, for appellee.

PALMORE, Judge.

This is a suit against the Commonwealth for damages resulting from an alleged breach of contract. The appeal was briefed and submitted prior to Foley Construction Company v. Ward, Ky., 375 S.W.2d 392 (1963), in which it was held that the doctrine of sovereign immunity prevents recovery in contract actions against the state. At the close of plaintiffs' evidence the trial court dismissed the claim on the basis of the...

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