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ILL. CENT. GULF R. v. GRAVES CTY. FISCAL CT.

676 S.W.2d 470 (1984)

ILLINOIS CENTRAL GULF RAILROAD COMPANY, successor to Illinois Central Railroad Company, Appellant, v. GRAVES COUNTY FISCAL COURT; Dick Castleman, County Judge; Dick Castleman, Leon Dick, Earl Cartwright, and Rex Benefield, or their successors, Members of the Graves Fiscal Court; and Graves County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 22, 1984.

Discretionary Review Denied by Supreme Court October 17, 1984.

Attorney(s) appearing for the Case

Mark C. Whitlow, Henry O. Whitlow, Whitlow, Roberts, Houston & Russell, Paducah, for appellant.

Benjamin J. Lookofsky, Mayfield, for appellees.

Before REYNOLDS and WILHOIT, JJ., and B.R. PAXTON, Special Judge.

WILHOIT, Judge.

This appeal arises from an order of the Graves Circuit Court dismissing the appellant's action on the grounds of sovereign immunity. The issue is whether the court erred in applying the doctrine of sovereign immunity to shield the Graves County Fiscal Court from honoring its contract with the appellant. We reverse and remand.

On or about May 27, 1969, Graves County, Kentucky, through its county judge, executed a contract with the Illinois Central...

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