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DERRY v. ROADWAY EXPRESS, INC.

No. 1671.

248 F.Supp. 843 (1965)

W. B. DERRY, Executor of the Estate of Frances P. Derry, Deceased, Plaintiff, v. ROADWAY EXPRESS, INC., Daniel Holmes, and Commonwealth of Kentucky, ex rel. Department of Highways, Defendants.

United States District Court E. D. Kentucky, Lexington Division.

December 21, 1965.

Attorney(s) appearing for the Case

James G. Sheehan, Jr., Danville, Ky., Robert M. Spragens, Lebanon, Ky., Stoll, Keenon & Park, by Gladney Harville, Lexington, Ky., for plaintiff.

Robert H. Measle, Lexington, Ky., William O. Gilbreath, Lexington, Ky., for Dept. of Highways, Commonwealth of Kentucky, for defendants.

SWINFORD, Chief Judge.

W. B. Derry, a citizen and resident of Kentucky and executor of the deceased Frances P. Derry, filed this wrongful death action arising out of an automobile accident in the Circuit Court, Boyle County, Kentucky. The defendant Department of Highways filed a motion to dismiss the action against it asserting that the Boyle Circuit Court lacks jurisdiction to hear the claim against it since K.R.S. § 44.070 places exclusive jurisdiction over...

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