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COM. v. KENTUCKY CENTRAL LIFE INS. CO.

Nos. 86-CA-2221-MR, 86-CA-2215-MR.

746 S.W.2d 565 (1987)

COMMONWEALTH of Kentucky, COUNTY of FAYETTE, By and On Relation of Ronald G. GEARY, Secretary of Revenue, Appellant, v. KENTUCKY CENTRAL LIFE INSURANCE COMPANY, Appellee. COMMONWEALTH of Kentucky, COUNTY of FAYETTE, By and On Relation of Ronald G. GEARY, Secretary of Revenue, Appellant, v. James LOWDERMILK, Trustee; Kentucky Central Life Insurance Company; Lexington-Fayette Urban County Government; Don S. Pearce and Judith G. Pearce, His Wife, Appellees.

Court of Appeals of Kentucky.

December 30, 1987.

Attorney(s) appearing for the Case

Norrie Wake, Fayette Co. Atty., Joseph R. Wheat, David Vest and Florence S. Huffman, Asst. Co. Attys., Lexington, for appellant.

Charles E. Ward, Fleming, Horstmeyer and Fleming, Lexington, for Lowdermilk.

Earl S. Wilson, Jr., Kincaid, Wilson, Schaeffer & Hembree, PSC, Lexington, for Kentucky Central Life Ins.

Edward W. Gardner, Lexington-Fayette Urban Co. Govt., Dept. of Law, Lexington, for Lexington-Fayette Urban County Government.

Before CLAYTON, COOPER and LESTER, JJ.

COOPER, Judge.

The appellant, the Commonwealth of Kentucky, County of Fayette, by and on Relation of Ronald G. Geary, Secretary of Revenue, appeals from orders of the trial court entered August 18 and 19, 1986 denying its motion to amend its complaint and granting the appellees' motions to dismiss the complaints in these consolidated appeals.

At issue are: the interpretation of KRS 134.500(4), whether the case of Karam v. Commonwealth, Ky.App.,

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