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HUMANA, INC. v. METTS

571 S.W.2d 622 (1978)

HUMANA, INC. (Formerly Extendicare, Inc.) and Humana of Kentucky, Inc. (formerly Extendicare of Kentucky, Inc.) and Ostertag Opticians of Kentucky, Inc. and Southern Optical Company, Appellants, v. Frank R. METTS and Miller Kimbrough, Jr., co-trustees, and the Old Kentucky Real Estate Investment Trust (a Kentucky business trust) and Saint Matthews Co., Inc. and Professional Towers Corporation and Richard H. Leslie and Beatrice S. Leslie, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied October 24, 1978.

Attorney(s) appearing for the Case

Marvin J. Hirn, Greenbaum, Doll, Matthews & Boone, Louisville, for appellants.

Marvin M. Sotsky, Louisville, Walter L. Porter, St. Matthews, for appellees.

Before COOPER, HOWARD and WILHOIT, JJ.

COOPER, Judge.

This is an appeal from an order and judgment of the Jefferson Circuit Court, Chancery Branch, permanently enjoining the appellants herein from conducting various business ventures due to certain restrictions as contained in a deed of conveyance. There is also an amended order and judgment being appealed in this case.

On April 17, 1969, Frank R. Metts and Miller Kimbrough, Jr., as co-trustees, who hereinafter for brevity will be referred to as...

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