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OLD REPUBLIC INS. CO. v. ASHLEY

722 S.W.2d 55 (1986)

OLD REPUBLIC INSURANCE COMPANY, Appellant, v. Annis ASHLEY, Individually and in her capacity as Administratrix of the Estate of Dillard Ashley; Jewelene Centers, Individually; Jewelene Centers and Patricia Collins as Administratrices of the Estate of Tommy Centers; Beulah Gibson, Individually and as Administratrix of the Estate of James E. Gibson; Sandra Perry, Individually and as Administratrix of the Estate of Clarence Perry; Verna Perry, Individually and as Administratrix of the Estate of Roy Perry; Ora Slone, Individually and as Administratrix of the Estate of Bobby Slone; and Clara Slone, Individually and as Administratrix of the Estate of David Slone, Appellees. Annis ASHLEY, Individually and in her capacity as Administratrix of the Estate of Dillard Ashley; Jewelene Centers, Individually; Jewelene Centers and Patricia Collins, Individually and as Administratrices of the Estate of Tommy Centers; Beulah Gibson, Individually and as Administratrix of the Estate of James E. Gibson; Sandra Perry, Individually and as Administratrix of the Estate of Clarence Perry; Ora Slone, Individually and as Administratrix of the Estate of Bobby Slone, Appellants, v. OLD REPUBLIC INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

December 12, 1986.

Attorney(s) appearing for the Case

Timothy C. Wills, Anne A. Chesnut, Vimont & Wills, Lexington, for Old Republic Ins. Co.

Joseph A. Yablonski and Charles A. Both, Yablonski, Both and Edelman, Washington, D.C., William R. Weinberg, Weinberg and Campbell, Hindman, L. Thomas Galloway, Galloway and Greenberg, Washington, D.C., for Annis Ashley, Jewelene Centers, Patricia Collins, Beulah Gibson, Sandra Perry, Verna Perry, Ora Slone and Clara Slone.

Before COOPER, DUNN and WILHOIT, JJ.

WILHOIT, Judge.

These appeals are from final judgments in the litigation concerning the December 7, 1981 mine explosion near Topmost in Knott County, Kentucky. Old Republic Insurance Company appeals from a judgment denying its claim for subrogation on workers' compensation benefits paid prior to a date agreed by the parties to temporarily suspend compensation benefits. The appellants in the second appeal, widows and administratrices of five coal miners killed in the...

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