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BLUEGRASS CONCRETE CONST. CO. v. COM.

664 S.W.2d 936 (1983)

BLUEGRASS CONCRETE CONSTRUCTION COMPANY, INC., Appellant, v. COMMONWEALTH of Kentucky, Transportation Cabinet, Department of Highways, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published By Court of Appeals October 7, 1983.

Rehearing Denied November 4, 1983.

Discretionary Review Denied March 21, 1984.

Attorney(s) appearing for the Case

Eugene L. Mosley, David J. Beyer, Nold, Mosley, Clare, Hubbard & Rogers, Louisville, for appellant.

Charles D. Moore, Jr., David W. McLellan, Jr., Transp. Cabinet, Commonwealth of Kentucky, Frankfort, for appellee.

Before GUDGEL, HOWARD and PAXTON, JJ.

HOWARD, Judge.

This appeal is from a dismissal in Franklin Circuit Court of a contractor's claim against the Department of Highways on the basis that the contractor failed to file a claim within the one-year statute of limitations provided in K.R.S. 45A.260.

On July 12, 1979, appellant Bluegrass Concrete Construction Company entered into a contract with appellee Department for construction of the Kentucky 467 Sparta-Glencoe road and approaches in Gallatin...

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