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HOLLOWAY & SON CONST. v. MATTINGLY BRIDGE

581 S.W.2d 568 (1979)

HOLLOWAY & SON CONSTRUCTION COMPANY, INC., Movant, v. MATTINGLY BRIDGE COMPANY, INC., Respondent.

Supreme Court of Kentucky.

Rehearing Denied July 3, 1979.

Attorney(s) appearing for the Case

Leon Seidman, Louisville, Amos H. Eblen, Eblen, Milner, Rosenbaum & Wilson, Lexington, E. Gaines Davis, Jr., Frankfort, for movant.

William A. Young, Frankfort, for respondent.

STERNBERG, Justice.

This litigation grew out of a contract for highway construction. For convenience, we will refer to Holloway & Son Construction Company, Inc., as "Holloway," to Mattingly Bridge Company, Inc., as "Mattingly," and to the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, as "Department."

In January, 1971, Holloway entered into a contract with the Department for the...

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