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  5. 670 S.W.2d 485 (1983)
 

AM. DRUG. INS. v. COM. DEPT. FOR NAT. RES.

670 S.W.2d 485 (1983)

AMERICAN DRUGGISTS INSURANCE COMPANY, Appellant, v. COMMONWEALTH of Kentucky DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION and Mideastern Construction and Coal Corporation, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals December 23, 1983.

Rehearing Denied January 13, 1984.

Discretionary Review Denied by Supreme Court June 27, 1984.

Attorney(s) appearing for the Case

Don Duff, Smith & Duff, Frankfort, for appellant.

Iris S. Nickell, Frankfort, for appellee Com. Dept. for Natural Resources and Environmental Protection.

Before DUNN, HOWARD and McDONALD, JJ.

HOWARD, Judge.

The appellant surety company appeals from a judgment ordering forfeiture of a $25,000.00 reclamation bond furnished by it to the appellee department on behalf of the appellee surface mining permittee.

On or about June 15, 1978, Mideastern Construction and Coal Corporation ("Mideastern"), as principal, and American Druggists Insurance Company ("appellant") as surety, executed and delivered to the Department

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