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STEELVEST, INC. v. SCANSTEEL SERVICE CENTER, INC.

Nos. 94-SC-8-TG, 94-SC-192-TX.

908 S.W.2d 104 (1995)

STEELVEST, INC., d/b/a Steel Suppliers, Inc., Appellant v. SCANSTEEL SERVICE CENTER, INC.; H & M Investors, and Indiana Partnership Composed of J. William Manning, Sr., Roger Lynn Huncilman, Thomas P. Scanlan, Sr., Individually and as a Partner; Manning Equipment, Inc.; Dealers Truck Equipment, Inc.; J. William Manning, Sr.; R. Lynn Huncilman; Bert R. Huncilman & Son, Inc., Appellees. SCANSTEEL SERVICE CENTER, INC.; Thomas P. Scanlan, Sr., Cross-Appellants, v. STEELVEST, INC., Cross-Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 22, 1995.

Attorney(s) appearing for the Case

Alan N. Linker, Robert V. Waterman, Louisville, for appellants/cross-appellees.

Robert L. Ackerson, W. David Kiser, Louisville, Frank P. Doheny, Jr., Michael M. Hirn, Louisville, Susan Bridges Booker, Louisville, Eugene L. Mosely, Eugene Jeffrey Mosley, Louisville, for appellees/cross-appellants.

M. Austin Mehr, Lexington, amicus curiae, Kentucky Academy of Trial Attorneys and Association of Trial Lawyers of America.

REYNOLDS, Justice.

The denial of a trial by jury fosters this appeal.

The background of the action appears in the opinion of Steelvest, Inc. v. Scansteel Service Center, Inc., Ky., 807 S.W.2d 476 (1991). On remand, the trial court, despite timely demand, denied appellant a trial by jury.

The complaint and amended complaint both alleged a breach of fiduciary duties occasioned by appellee Scanlan. The allegations...

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