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DEPT. OF TRANSP. v. KEMPER

574 S.W.2d 932 (1978)

DEPARTMENT OF TRANSPORTATION, Bureau of Highways, Commonwealth of Kentucky, Appellant, v. Warren B. KEMPER, d/b/a Ashland Salvage Pool, etc., Appellee.

Court of Appeals of Kentucky.

December 1, 1978.

Attorney(s) appearing for the Case

David A. Collins, Flemingsburg, for appellant.

Robert Woolery, II, Ashland, for appellee.

Before HAYES, HOWERTON, and LESTER, JJ.

OPINION AND ORDER

HAYES, Judge.

This case is before the Court on appellee's motion to dismiss and appellant's motion for an extension of time, presumably to perfect the appeal.

The motion to dismiss is based upon the grounds that appellant failed to have the entire record on appeal timely certified. We do not believe dismissal is proper under the circumstances of this case.

The notice of appeal was filed on August 15, 1978, and pursuant to...

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