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MIDWESTERN v. NORTHERN KY. COM. CENTER

Nos. 86-CA-961-S, 86-CA-1004-S.

736 S.W.2d 348 (1987)

MIDWESTERN, INC., S.R. Smith Company, and Auble, Mitchell and Burgess, d/b/a AMB & Associates, Appellants, v. NORTHERN KENTUCKY COMMUNITY CENTER and City of Covington, Kentucky, Appellees. Charles J. ABNER, Appellant, v. CITY OF COVINGTON, Kentucky and Northern Kentucky Community Center, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 7, 1987.

Attorney(s) appearing for the Case

Kurt Philipps, Covington, Stephen A. Bailey, Cincinnati, Ohio, Beverly R. Storm, William J. Dupree III, Covington, Stephen T. MacConnell, Deborah A. Nellis, Jay R. Langenbahn, Cincinnati, Ohio, for appellants.

Arnold Taylor, Stephen T. McMurtry, Covington, for appellees.

Before HOWERTON, C.J., and HAYES and REYNOLDS, JJ.

HAYES, Judge:

The appellant, Charles Abner, appeals from a summary judgment entered by the Kenton Circuit Court in favor of appellees, City of Covington and the Northern Kentucky Community Center. In the companion case the appellants, Midwestern, Inc., and AMB & Associates, co-defendants in the action below, also challenge the dismissal. The only issue on appeal concerns the applicability of KRS 411.190 to the facts of this case. After an exhaustive review of...

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