McDUFFEE MOTOR FREIGHT v. BRONAUGH MOTOR EXP.


636 S.W.2d 652 (1982)

McDUFFEE MOTOR FREIGHT, INC. and United Trucking Service, Movants, v. BRONAUGH MOTOR EXPRESS, INC., Respondent.

Supreme Court of Kentucky.

Rehearing Denied August 31, 1982.


Attorney(s) appearing for the Case

Ben L. Kessinger, Jr., Ted J. Campbell, Harbison, Kessinger, Lisle & Bush, Lexington, for movants.

Donald H. Balleisen, Philip D. Scott, Greenebaum, Doll & McDonald, Lexington, for respondent.


STEPHENSON, Justice.

The trial court entered judgment against United Trucking Service, Inc., and McDuffee Motor Freight, Inc., for breach of contract, ordered specific performance, and assessed damages. The Court of Appeals affirmed. We granted discretionary review and reverse.

This is primarily a fact case and the principal arguments concern the conclusions of law applied to the facts.

This dispute arose from a proceeding before the Interstate Commerce...

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