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COMMONWEALTH, ETC. v. GREER BROS. & YOUNG, INC.

548 S.W.2d 167 (1977)

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. GREER BROTHERS AND YOUNG, INC., Appellee.

Court of Appeals of Kentucky.

March 4, 1977.

Attorney(s) appearing for the Case

J. Michael Fleming, Dept. of Transp., Bureau of Highways, Frankfort, for appellant.

Rudy Yessin, Joseph J. Leary, Frankfort, for appellee.

Before PARK, WILHOIT and VANCE, JJ.

OPINION AND ORDER

WILHOIT, Judge:

On August 13, 1976, appellant filed a notice of appeal and designation of record appealing from a summary judgment granted against it by the Franklin Circuit Court. On August 23, pursuant to CR 73.08, appellant obtained a signed order of the circuit court extending the time for filing the record on appeal until December 10. For some reason appellant did not file this order with the circuit clerk until September 24, and then...

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