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TELCOM DIRECTORIES v. COM. EX REL. COWAN

No. 89-CA-000675-MR.

833 S.W.2d 848 (1992)

TELCOM DIRECTORIES, INC., Appellant, v. COMMONWEALTH of Kentucky, ex rel. Frederic J. COWAN, Attorney General, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing February 28, 1992.

Publication ordered February 28, 1992.

Discretionary Review Denied by Supreme Court August 26, 1992.

Attorney(s) appearing for the Case

Leslie Rosenbaum, Rosenbaum & Rosenbaum, P.S.C., Lexington, Frank J. Shannon, III, Atlanta, Ga., for appellant.

Wanda R. Delaplane, Nora K. McCormick, Asst. Attys. Gen., Frankfort, for appellee.

Before DYCHE, HOWERTON and SCHRODER, JJ.

DYCHE, Judge.

This case is before the Court on remand from the Supreme Court of Kentucky "for consideration of the summary judgment on its merits." The relevant facts are fully set out in the Supreme Court opinion found at 806 S.W.2d 638 (1991) and need not be repeated here.

We have examined the record and find that appellant has not raised sufficient factual issues to require a jury trial, even under the strict standards...

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