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  5. 451 S.W.2d 401 (1970)
 

MODERN HEAT. & SUP. CO. v. OHIO BANK BLDG. & EQUIP. CO.

451 S.W.2d 401 (1970)

MODERN HEATING & SUPPLY CO., Inc., Appellant, v. OHIO BANK BUILDING & EQUIPMENT COMPANY, a Corporation, and Insurance Company of North America, a Corporation, and Peoples Bank of Fleming County, a Corporation, Appellees.

Court of Appeals of Kentucky.

March 6, 1970.

Attorney(s) appearing for the Case

Philip Hargett, Marysville, for appellant.

Richard Hinton, Flemingsburg, Homer W. Ramsey, Whitley City, for appellee Ohio Bank Building & Equip. Co.

John C. Fogle, Bryan & Fogle, Mt. Sterling, for appellee Insurance Co. of North America.

Lloyd A. MacDonald, MacDonald & Walton, Flemingsburg, for appellee Peoples Bank of Fleming County.

EDWARD P. HILL, Jr., Chief Justice.

On November 9, 1961, Peoples Bank of Fleming County contracted with Louis C. Smeltzer to remodel its bank building in Flemingsburg. Smeltzer, doing business as Ohio Bank Building & Equipment Company, then subcontracted with Modern Heating & Supply Company, Inc., the appellant herein, to do the heating and air conditioning work.

On October 26, 1963, the appellant Modern Heating, filed a suit in Fleming Circuit Court...

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