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KENTUCKY UTILITIES CO. v. SOUTH EAST COAL CO.

Nos. 91-SC-357-DG, 91-SC-609-DG and 91-SC-610-DG.

836 S.W.2d 392 (1992)

KENTUCKY UTILITIES COMPANY, Movant/Cross-Respondent, v. SOUTH EAST COAL COMPANY, Citizens Fidelity Bank & Trust Company, Kentucky Coal Association, Respondents/Cross-Movants.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 25, 1992.

Attorney(s) appearing for the Case

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

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

Hiram Ely, III, Louisville, James A. Kegley, Lexington, J. Mark Grundy, Greenbaum, Doll & McDonald, Louisville, for Citizens Fidelity Bank & Trust Co.

William K. Caylor, Lexington, for Kentucky Coal Ass'n.

OPINION OF THE COURT

ROBERT L. CHENOWETH, Special Justice.

This Court granted discretionary review in this case to consider several important issues, some of which are of first impression in this state. The path this litigation has taken has been long and arduous. Kentucky Utilities Company ("KU") filed its complaint for declaration of rights and breach of contract against South East Coal Company ("South East") in June 1984. To be considered was the triennial...

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