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COMMONWEALTH, DEPT. OF HYS. v. AUTOMOBILE CL. INS. CO.

467 S.W.2d 326 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. AUTOMOBILE CLUB INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

May 14, 1971.

Attorney(s) appearing for the Case

Don Duff, Carl T. Miller, Jr., Department of Highways, Frankfort, Kenneth S. Baker, Jackson, Jarvis Allen, Department of Highways, Pikeville, for appellant.

Robin Griffin, Miller, Griffin & Marks, Lexington, for appellee.

NEIKIRK, Judge.

Pursuant to KRS 412.030, the Automobile Club Insurance Company instituted before the Board of Claims this action seeking contribution from the Commonwealth of Kentucky, Department of Highways (hereinafter "Department"). The Board entered an order directing the Department to pay $7,000 as contribution to the Insurance Company. The Franklin Circuit Court upheld the award. The Department appeals. We affirm.

At the origin of the action, appellant...

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