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ASHBY v. MARSH

412 S.W.2d 853 (1967)

F. M. ASHBY, By and Through his Committee, J. C. Robinson, Appellant, v. John Stanley MARSH, Appellee.

Court of Appeals of Kentucky.

March 17, 1967.

Attorney(s) appearing for the Case

Rhodes Bratcher, Bratcher, Rummage, Beard & Flaherty, Owensboro, for appellant.

Ben T. Cooper, Louisville, for appellee.

DAVIS, Commissioner.

This is a second appeal in the same litigation; the opinion in the first appeal is found in Marsh v. Ashby, Ky., 381 S.W.2d 628. Reference is had to the first opinion for a full statement of the facts at issue. It is to be observed that we wrote in the first opinion: "In this case there does not appear to be any probative evidence that the insurer arbitrarily withheld its consent to the destruction of the animal...

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