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MUNDAY v. MAYFAIR DIAGNOSTIC LABORATORY

No. 91-SC-455-DG.

831 S.W.2d 912 (1992)

Phillip J. MUNDAY and his wife, Francis J. Munday, Appellants, v. MAYFAIR DIAGNOSTIC LABORATORY and Thomas J. Meyer, as Trustee under the James M. Callis Trust and Representative of the partners doing business as Mayfair Diagnostic Laboratory, in the City of Owensboro, Daviess County, Kentucky, Appellees.

Supreme Court of Kentucky.

May 14, 1992.

Attorney(s) appearing for the Case

Paul E. Bugay, Owensboro, Joseph A. Yocum, Evansville, Ind., for appellants.

Ronald M. Sullivan, Holbrook, Wible, Sullivan & Mountjoy, P.S.C., Owensboro, for appellees.

LAMBERT, Justice.

The issue presented is whether the failure of partners doing business under an assumed name to comply with KRS 365.015, an act which requires the filing of a certificate of assumed name, tolls the statute of limitations for tort actions against them. In Hayes v. Providence Citizens' Bank & Trust Co., 218 Ky. 128, 290 S.W. 1028 (1927), this Court held that the purpose of the assumed name statute was protection of the public from fraud and...

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