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EDGAR H. HUGHES CO., INC. v. TURNPIKE AUTH. OF KENTUCKY

No. 408.

353 F.Supp. 1105 (1973)

EDGAR H. HUGHES COMPANY, INC., Plaintiff, v. The TURNPIKE AUTHORITY of KENTUCKY, Defendant.

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

February 5, 1973.

Attorney(s) appearing for the Case

Joseph J. Leary, Frankfort, Ky., for plaintiff.

Jim Robinson, Asst. Atty. Gen., Cyril E. Shadowen, Dept. of Highways, Frankfort, Ky., for defendant.

MEMORANDUM

SWINFORD, District Judge.

The record of this case is before the court on the defendant's motion to dismiss the complaint for the reason that the court lacks jurisdiction. More specifically the defendant, the Kentucky Turnpike Authority, contends that the Kentucky Department of Highways, an agent of the Commonwealth of Kentucky, is the real party in interest, and that said real party in interest is not amenable to federal diversity jurisdiction...

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