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DIX & ASSOCIATES v. KEY

Nos. 89-SC-852-TG, 90-SC-330-TG.

799 S.W.2d 24 (1990)

DIX & ASSOCIATES PIPELINE CONTRACTORS, INC., Appellant and Cross-Appellee, v. Jerry L. KEY, Tom Hurst, d/b/a Bardstown Mills; and Bardstown Mills, Inc., Appellees and Cross-Appellants.

Supreme Court of Kentucky.

Rehearing Denied December 18, 1990.

Attorney(s) appearing for the Case

David L. Holmes, Timothy C. Wills, Vimont & Wills, Lexington, for appellant and cross-appellee.

John G. Crutchfield, James C. Hickey, MacKenzie & Peden, P.S.C., Louisville, for appellees and cross-appellants.

VANCE, Justice.

We granted transfer of this case from the Court of Appeals to consider whether a conflict exists between the opinions of this court in Nix v. Jordan, Ky., 532 S.W.2d 762 (1975), and Burrell v. Elec. Plant Bd. of Franklin, Ky., Ky., 676 S.W.2d 231 (1984), and the decisions of this court in Hilen v. Hays, Ky., 673 S.W.2d 713

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