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BANK ONE v. COM., NATURAL RESOURCES

No. 94-CA-1325-MR.

901 S.W.2d 52 (1995)

BANK ONE, PIKEVILLE, Kentucky, Appellant, v. COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET and Preece Coal Company, Appellees.

Court of Appeals of Kentucky.

July 14, 1995.

Attorney(s) appearing for the Case

Christopher M. Hill, McBrayer, McGinnis, Leslie & Kirkland, Frankfort, for appellant.

Keith W. Virgin, Frankfort, Stephen P. Thompson, Frankfort, for appellee, Com., Natural Resources and Environmental Protection Cabinet.

Before LESTER, C.J., and HUDDLESTON and JOHNSTONE, JJ.

JOHNSTONE, Judge.

Bank One of Pikeville appeals from a Franklin Circuit Court order finding that Bank One failed to effectuate a set-off, and granting the Natural Resources and Environmental Protection Cabinet's motion to compel payment of a garnishment. While we disagree with the circuit court's reasoning, we nevertheless agree that it reached the correct result. Consequently, we affirm.

On August 3, 1984, Preece Coal Company, Inc., purchased a certificate...

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