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KENTUCKY CLUB, INC. v. FIFTH THIRD BANK

590 S.W.2d 686 (1979)

KENTUCKY CLUB, INC., Miles A. Hernly, Individually; and Hernly Brothers Co., Movants, v. FIFTH THIRD BANK and Jack Graham, Respondents.

Supreme Court of Kentucky.

November 20, 1979.

Attorney(s) appearing for the Case

John E. Lang, III, Burke, Lange & Moebus, Newport, John R. Elfers, Covington, for movants.

Hal Nance Bogard, Charles R. Keeton, Brown, Todd & Heyburn, Louisville, for amicus curiae, Kentucky Restaurant Association.

William I. Bubenzer, Covington, for respondents.

CLAYTON, Justice.

This case concerns the question of whether the provisions of the Uniform Commercial Code relating to bulk transfers (KRS 355.6-101 et seq.) apply to the sale of the assets of a restaurant-bar business.

The movants, Hernly (the sole shareholder of Kentucky Club, Inc.) and Hernly Brothers Co. (the sole secured creditor of Kentucky Club, Inc.), sold the Club to movant Williams. The respondents, who had previously obtained a judgment against...

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