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KENTUCKY UTILITIES v. SOUTH EAST COAL

No. 91-SC-357-D.

836 S.W.2d 388 (1991)

KENTUCKY UTILITIES COMPANY, Movant, v. SOUTH EAST COAL COMPANY and Citizens Fidelity Bank & Trust Company, Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 25, 1992.

Attorney(s) appearing for the Case

Escum L. Moore, Robert J. Turley, Lexington, Richard F. Newell and D. Brian Rattliff, Ogden, Sturgill & Welch, Louisville, for movant.

Bert. T. Combs, William H. McCann, John R. Rhorer, Jr., and Penny R. Warren, Wyatt, Tarrant & Combs, Lexington, for South East Coal.

James A. Kegley, Greenebaum, Doll & McDonald, Lexington, Hiram Ely, III, and J. Mark Grundy, Greenebaum, Doll & McDonald, Louisville, for Citizens Fidelity.

OPINION AND ORDER PURSUANT TO CR 76.33 GRANTING INTERMEDIATE RELIEF

LEIBSON, Justice.

Kentucky Utilities Company ("KU") filed a Motion for Discretionary Review with the Supreme Court on April 15, 1991, accompanied by a Motion for Intermediate Relief pending a ruling on the Motion for Discretionary Review. CR 76.33 authorizes intermediate relief "upon a satisfactory showing that otherwise [the moving party] will suffer immediate and irreparable injury before...

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