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  5. 566 S.W.2d 171 (1977)
 

COM. DEPT. OF TRANSP. v. ALL POINTS CONST. CO.

566 S.W.2d 171 (1977)

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. ALL POINTS CONSTRUCTION COMPANY and the Home Insurance Company, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 10, 1978.

Discretionary Review Denied June 6, 1978.

Attorney(s) appearing for the Case

Louis Kawaja and C. E. Skidmore, Lexington, for appellant.

D. G. Lynn, Kincaid, Wilson, Schaeffer & Hembree, Lexington, for appellee.

Before PARK, LESTER, and WHITE, JJ.

PARK, Judge.

The appellees, All Points Construction Company and its insurer, the Home Insurance Company, seek indemnity or contribution from the Commonwealth for sums paid in settlement of personal injury and wrongful death claims arising out of an automobile accident. In the proceeding before the Board of Claims, the appellees asserted that the accident was caused by the primary or concurrent negligence of the Commonwealth. The only question on this appeal is whether...

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