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HIGHBAUGH ENTER. v. DEATRICK & JAMES CONST.

554 S.W.2d 878 (1977)

HIGHBAUGH ENTERPRISES INCORPORATED, Appellant, v. DEATRICK AND JAMES CONSTRUCTION COMPANY, Terry L. Davis and Betty M. Davis, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied September 13, 1977.

Attorney(s) appearing for the Case

Harold W. Thomas and M. Larry Miller, Miller & Thomas, Louisville, for appellant.

Harry L. Hargadon, Jr., Hargadon, Lenihan & Harbolt, Louisville, for appellees Terry L. and Betty M. Davis.

Deatrick & James Const. Co. not represented by counsel.

Before HOWARD, LESTER and WILHOIT, JJ.

HOWARD, Judge.

This is a case involving a restrictive covenant contained in a deed from plaintiff-appellant Highbaugh Enterprises Incorporated, hereinafter referred to as "Highbaugh" to defendants-appellees Terry L. Davis and Betty M. Davis, hereinafter referred to as the "Davises". Deatrick and James Construction Company was the contractor for the Davises.

The pertinent provisions of the restrictive covenant are as follows:

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