AMERICAN DRUGGISTS' INS. v. NAT. RES. & ENVIR.


687 S.W.2d 555 (1985)

AMERICAN DRUGGISTS' INSURANCE COMPANY, Appellant, v. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

April 5, 1985.


Attorney(s) appearing for the Case

Thomas L. Clark, Denney, Morgan & Rather, Lexington, for appellant.

John Henriksen, Randall G. McDowell, Frankfort, for appellee.

Before COMBS, McDONALD and WILHOIT, JJ.


COMBS, Judge.

This is an appeal from a Franklin Circuit Court judgment which affirmed the final order of the Natural Resources and Environmental Protection Cabinet. The appellant seeks to avoid forfeiture of $115,800.00 in surety bonds guaranteeing reclamation of property mined by M & W Sales, Inc. Appellant asserts that the inaction of the appellee in failing to exercise their statutory duty to reclaim the mined property acted as a discharge of appellant's responsibility...

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