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KENTUCKY UTIL. v. COM., DEPT. OF TRANSP.

665 S.W.2d 918 (1983)

KENTUCKY UTILITIES COMPANY, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 18, 1983.

Discretionary Review Denied by Supreme Court April 11, 1984.

Attorney(s) appearing for the Case

Malcolm Y. Marshall, Ogden, Robertson & Marshall, Louisville, for appellant.

David A. Collins, Dept. of Transp., Bureau of Highways, Flemingsburg, for appellee.

Before GUDGEL, LESTER and WHITE, JJ.

GUDGEL, Judge:

This appeal stems from a dispute between Kentucky Utilities (KU) and the Bureau of Highways (Bureau) as to which of them is liable for costs incurred in moving electric lines which impeded the improvement of Kentucky Highway No. 11 in Mason County. The circuit court adjudged that KU is liable for the costs. On appeal, KU contends that the circuit court erred in finding that its electric lines were constructed on public right-of-way and hence, pursuant...

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