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COM., DEPT. OF TRANSP., ETC. v. COMBS

587 S.W.2d 261 (1979)

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. Edward W. COMBS, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied October 23, 1979.

Attorney(s) appearing for the Case

Ed W. Hancock, Dept. of Transportation, Frankfort, Russell L. Wilkey, Manchester, Walter T. Collins, Louisville, for appellant.

R. Cletus Maricle, Manchester, for appellee.

Before HOGGE, LESTER and VANCE, JJ.

VANCE, Judge.

This is an appeal from an order dismissing appellant's complaint for lack of subject matter jurisdiction.

The complaint seeks recovery of money "had and received" by appellee from appellant which was alleged to be an excess of workmen's compensation benefits. In the oral argument it was agreed that appellee was injured while in the employ of appellant; that appellant voluntarily commenced payment of workmen's compensation benefits, and no application...

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