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COMMONWEALTH, DEPT. OF HYS. v. CITIZENS ICE & FUEL CO.

394 S.W.2d 903 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. CITIZENS ICE & FUEL COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

October 15, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Phillip K. Wicker, Somerset, for appellant.

T. E. Mahan, Williamsburg, for appellee.

DAVIS, Commissioner.

This appeal is here pursuant to Motion for Appeal, KRS 21.080, and presents the question whether it was proper for the trial court to allow appellee interest of $431.86 in the judgment entered pursuant to mandate of this Court in Commonwealth, Department of Highways v. Citizens Ice & Fuel Company, Ky., 365 S.W.2d 113. Appellee has not filed brief. Pursuant to RCA 1.260(c) (2) we reverse the judgment as the...

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