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  5. 562 S.W.2d 651 (1977)
 

H. E. CUMMINS & SONS CONST. v. TURNPIKE AUTH.

562 S.W.2d 651 (1977)

H. E. CUMMINS AND SONS CONSTRUCTION COMPANY, an Oklahoma Corporation, Appellant, v. The TURNPIKE AUTHORITY of Kentucky, the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways and all other Boards, Bureaus, Agencies or Commissions which, in any Manner, Directly or Remotely had any Authority, Contractual or otherwise in Connection with the Structure Described in the Complaint, Appellees.

Court of Appeals of Kentucky.

As Modified October 31, 1977.

Discretionary Review Denied April 4, 1978.

Attorney(s) appearing for the Case

Lovett, Wible & Lamar, Owensboro, Joseph J. Leary, Frankfort, for appellant.

Ed W. Hancock, Charles D. Moore, Jr., Sherman Goodpaster, III, Dept. of Transp., Frankfort, Robert F. Stephens, Atty. Gen., Frankfort, for appellees.

Before PARK, WHITE and WINTERSHEIMER, JJ.

PARK, Judge.

In this action, the plaintiff-appellant, H. E. Cummins and Sons Construction Company (Cummins), seeks to sue the defendant-appellee, the Turnpike Authority of Kentucky, for work performed under a contract for the construction of a part of the Green River Parkway. The Franklin Circuit Court held that the Turnpike Authority was entitled to the defense of sovereign immunity under the section 231 of the Kentucky Constitution. The trial court also concluded...

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