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OMNIFLIGHT HELICOPTERS, INC. v. KENNEDY

567 S.W.2d 123 (1978)

OMNIFLIGHT HELICOPTERS, INC., Appellant, v. Lyle KENNEDY, Kentucky Machinery, Inc., Ford Motor Credit Company, C & K Construction Company, Inc., Lyle Coal Company, Inc., Dock Coal Company, Inc. and Vernon Collett, Appellees. Lyle KENNEDY, Appellant, v. FORD MOTOR CREDIT COMPANY, Kentucky Machinery, Inc., Omniflight Helicopters, Inc., Vernon Collett, Lyle Coal Company, Inc., Dock Coal Company, Inc. and C & K Construction Company, Inc., Appellees.

Court of Appeals of Kentucky.

May 26, 1978.

Attorney(s) appearing for the Case

Gerald L. Greene, Pineville, for Omniflight Helicopters, Inc. in CA-1599-MR.

Joe Nagle, Middlesboro, Frank G. Dickey, Jr., Lexington, Kenneth M. Boggs, Barbourville, William A. Watson, Middlesboro, for Lyle Kennedy et al. in CA-1599-MR.

William A. Watson, Middlesboro, for Lyle Kennedy in CA-1611-MR.

Joe Nagle, Middlesboro, Frank G. Dickey, Jr., Lexington, Vernon Collett, Kenneth M. Boggs, Barbourville, for Ford Motor Credit Co. et al. in CA-1611-MR.

Before COOPER, HOWARD and WILHOIT, JJ.

WILHOIT, Judge.

These two appeals are taken from a judgment of the Bell Circuit Court adjudging an equitable lien of Lyle Kennedy to be superior to the claim of Omniflight Helicopters, Inc., but inferior to the claim of Kentucky Machinery, Inc., and reducing the amount of a judgment in favor of Kennedy.

On March 4, 1976, the Ford Motor Credit Company filed action number 9058-38 against the C & K Construction Company, Inc., Lyle Coal Company, Inc., and...

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