RELIANCE INS. CO. v. COM., DEPT. OF TRANSP.


576 S.W.2d 231 (1978)

RELIANCE INSURANCE COMPANY, Appellant, v. The COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, et al., Appellees. DeSALVO CONSTRUCTION COMPANY, and United States Fidelity and Guaranty Company, Appellants, v. The COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, Department of Revenue, and Division of Unemployment Insurance, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 29, 1978.

Discretionary Review Denied February 20, 1979.


Attorney(s) appearing for the Case

William M. Johnson, Frankfort, for Reliance Ins. Co.

Michael L. Judy, Frankfort, for DeSalvo Const. Co.

Joseph J. Leary, Frankfort, for U. S. Fidelity and Guaranty Co.

Don Duff, Frankfort, for Ohio Operating Engineers Trust, etc. and Ohio Laborers Trust, etc.

James R. Odell, Lexington, for Goodyear Tire & Rubber Co.

Ryan M. Halloran, Frankfort, for Commonwealth of Kentucky, Dept. for Human Resources, Bureau of Social Ins., ex rel., Div. for Unemployment Ins.

Alex W. Rose, Wayne J. Simon, Frankfort, for Commonwealth of Kentucky, Dept. of Revenue.

Charles D. Moore, Jr., Dept. of Transp., Frankfort, for Commonwealth of Kentucky, Dept. of Transp.

Charles G. Heyd, Bauer, Morelli & Heyd Co., LPA, Cincinnati, Ohio, for the Highway Equipment Co.

Before GANT, HOGGE and WINTERSHEIMER, JJ.


GANT, Judge.

These are companion cases involving two construction contracts between the DeSalvo Construction Company, (hereinafter called DeSalvo), and the Commonwealth of Kentucky for an interstate highway through Kenton and Campbell counties. Appellant United States Fidelity and Guaranty Company was surety on the performance bond of DeSalvo for work done in Campbell County, and appellant Reliance Insurance Company occupied the same position with respect to work...

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