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STERLING GRACE v. CENT. BANK & TRUST CO.

No. 94-CA-001857-MR.

926 S.W.2d 670 (1995)

STERLING GRACE MUNICIPAL SECURITIES CORPORATION; R.J. Wall and Company; Ingalls and Snyder Value Partners, L.P.; Tom Boucher; Steven Foote; and John Dougherty, Appellants, v. CENTRAL BANK & TRUST COMPANY; Don W. Stephens, as Rehabilitator (now Liquidator) of Kentucky Central Life Insurance; Lexington-Fayette Urban County Government; Commonwealth of Kentucky; Kebco, Inc.; Contract Decorating, Inc.; Kinnaird & Francke, Interiors, Inc.; Martina Brothers, Inc.; Board of Education of Fayette County, Kentucky; Paragon Group, Inc.; Johnson Safety & Security, Inc.; Telecable of Lexington, Inc.; Criteria Corp.; Continental Blimpie Services of Kentucky, Inc.; Bravos Corporation; Steven Clements, d/b/a T.J. Cinnamons/Columbo Yogurt; Browning Ferris Industries; Central Parking System; Gold Seal Pest Control; GTE South; Hillenmeyer Nurseries, Inc.; Kentucky Utilities Company; Kentucky American Water Company; South Central Communications Corporation; Republic Parking System; A. James Higgs, Jr., as Special Master Commissioner; Webb Properties; R. Dudley Webb; and Donald W. Webb, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 1, 1996.

Discretionary Review Denied by Supreme Court August 21, 1996.

Attorney(s) appearing for the Case

Robert W. Bishop, Bishop & Wilson (briefed & argued), Louisville, Michael Chazkel, Chazkel & Associates (on brief), East Brunswick, New Jersey, for Appellants.

Gerald Baldwin, Frost & Jacobs (briefed and argued), Cincinnati, Ohio, Greg E. Mitchell, Frost & Jacobs (on brief), Lexington, for Appellee Don W. Stephens, Rehabilitator (now Liquidator) of Kentucky Central Life Insurance Company.

Thomas C. Walker, Brown, Todd & Heyburn, PLLC (argued), Lexington, for Appellee Central Bank & Trust Company.

Before HUDDLESTON, KNOPF and SCHRODER, JJ.

OPINION AFFIRMING

HUDDLESTON, Judge.

This appeal, brought by Sterling Grace Municipal Securities Corporation, R.J. Wall and Company, Ingalls and Snyder Value Partners, L.P., Tom Boucher, Steven Foote and John Dougherty, concerns the judicial sale of the property known as Lexington Festival Market Place in Lexington, Kentucky.1

The appellants argue that: (1) they did not receive timely notice of a hearing at which...

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