ITT COM. FIN. v. MADISONVILLE RECAPPING

No. 88-CA-2006-MR.

793 S.W.2d 849 (1990)

ITT COMMERCIAL FINANCE CORPORATION, Appellant, v. MADISONVILLE RECAPPING COMPANY, INC. and Watson Brothers Industries, Appellees.

Court of Appeals of Kentucky.

August 3, 1990.


Attorney(s) appearing for the Case

Joseph A. Hammer, Louisville, for appellant.

Robert P. Moore, Madisonville, for Madisonville Recapping Co., Inc.

Ronald E. Butler, Lexington, for Watson Brothers Industries, Inc.

Before HOWERTON, C.J. and HOWARD and McDONALD, JJ.


HOWARD, Judge.

In this case, the appellant appeals from a judgment of the Webster Circuit Court upholding the findings of fact and conclusions of a special commissioner in which mechanic's liens were determined to have priority over a purchase money security interest. The facts in this case are largely undisputed.

Coal Exchange of Kentucky, Inc. operated a strip mine in Webster County, Kentucky, and all of its equipment was in that county. Coal Exchange, however...

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