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WIREMAN v. CITY OF GREENUP

582 S.W.2d 48 (1979)

James WIREMAN, Willard G. Stephens, Trustees, and all other trustees, Church of God, Greenup, Kentucky, and Church of God of Greenup, Kentucky, Appellants, v. CITY OF GREENUP, Kentucky, a Municipal Corporation, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 6, 1979.

Discretionary Review Denied June 26, 1979.

Attorney(s) appearing for the Case

Stanley R. Hogg, Ashland, for appellants.

Phillip Bruce Leslie, Greenup, for appellee.

Before HAYES, HOWARD and PARK, JJ.

PARK, Judge.

This case is an appeal from a summary judgment by the Greenup Circuit Court entered in favor of the defendant-appellee, City of Greenup, in an action in which the plaintiff-appellants, Church of God and its trustees, alleged that church property was damaged by excavation for a city sewer line. The city has interposed the defense of sovereign immunity.

On December 19, 1974, the city entered into a contract...

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