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CENTRAL KENTUCKY DRYING v. DEPT. OF HOUSING

No. 92-SC-495-DG.

858 S.W.2d 165 (1993)

CENTRAL KENTUCKY DRYING COMPANY, INC.; James Ritter Lumber Company; and Roy Anderson Lumber Company, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HOUSING, BUILDINGS, AND CONSTRUCTION; Kentucky Board of Claims; and Leon F. Simms, Jr., Appellees.

Supreme Court of Kentucky.

May 27, 1993.

Attorney(s) appearing for the Case

Richard E. Plymale, Kathryn B. Kendrick, Brown, Todd & Heyburn, Lexington, for Central Kentucky Drying Co., Inc.

Uhel O. Barrickman, Thomas L. Travis, Barrickman, Richardson, Dickinson & Ropp, Glasgow, for James Ritter Lumber Co. and Roy Anderson Lumber Co.

Judith G. Walden, Frankfort, for Dept. of Housing, Bldgs. and Const.

Chris Gorman, Atty. Gen., Frankfort, for Kentucky Bd. of Claims.

James L. Mattingly, Mattingly, Simms & Cocanougher, Springfield, for Leon F. Simms, Jr.

SPAIN, Justice.

This controversy involves successive appeals to the Marion Circuit Court, the Court of Appeals, and this Court pursuant to KRS 44.140 et seq., from administrative awards by the Board of Claims in the four consolidated claims. The issues before us concern whether set-offs against damages were properly allowed by the Board by reason of amounts paid by a settling joint tort-feasor, and whether the Board applied the correct measure of damages for the destruction...

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