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HOLLOWAY CONST. CO. v. SMITH

683 S.W.2d 248 (1984)

HOLLOWAY CONSTRUCTION COMPANY, Appellant, v. Sidney SMITH & Lynchia Smith, Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, Appellees. and COMMONWEALTH of Kentucky, Department of Transportation, Bureau of Highways, Appellant, v. HOLLOWAY CONSTRUCTION COMPANY, Sidney Smith and Lynchia Smith, his wife, Appellees.

Supreme Court of Kentucky.

December 20, 1984.

Attorney(s) appearing for the Case

Eugene C. Rice, Rice & Frazier, Paintsville, Stephen G. Bolton, Rudy Yessin, Frankfort, for movant.

Kelsey E. Friend, Pikeville, for Sidney and Lynchia Smith.

Dan Stockton, Lexington, for Department of Transp.

AKER, Justice.

Holloway Construction Company contracted with the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, to construct a highway running through Pike County, Kentucky.

The highway construction plans called for blasting and excavation near the home of Sidney and Lynchia Smith. However, Holloway discovered that the house was in fact closer to the right of way than the plans indicated. There were discussions between Holloway...

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