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CATERPILLAR, INC., v. BROCK

No. 95-SC-426-CL.

915 S.W.2d 751 (1996)

CATERPILLAR, INC., Appellant, v. Gary W. BROCK, Appellee.

Supreme Court of Kentucky.

February 22, 1996.

Attorney(s) appearing for the Case

Leslie W. Morris, II, Lexington, William F. Maready, Robinson, Maready, Lawing & Comerford, Winston-Salem, North Carolina, Joel D. Zakem, Labor Cabinet-Special Fund, Louisville, for Appellant.

Asa P. Gullett, Gullett & Combs, Hazard, Phyllis L. Robinson, Hyden, for Appellee.

Robert E. Sanders, The Charles H. Fisk House, Covington, Amicus Curiae.

REYNOLDS, Justice.

The United States Court of Appeals for the Sixth Circuit has requested certification of the law as to the following question:

DID KENTUCKY REVISED STATUTE 411.182(1) NEGATE AND/OR OVERRULE KENTUCKY REVISED STATUTE 411.320(1)?

We hold the question which has been certified is answered in the affirmative. KRS 411.182(1) negated KRS 411.320(1).

The basis of the challenge arises from the following statement of facts and nature...

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