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J.R.E., INC. v. ASBURY

No. 98-SC-680-MR.

993 S.W.2d 960 (1999)

J.R.E., INC.; Rand E. Kruger; and Kruger, Schwartz & Morreau, Appellants, v. Honorable Kelley ASBURY, Judge, Boyd Circuit Court and Pioneer Junction, Inc. (Real Party in Interest), Appellees.

Supreme Court of Kentucky.

June 17, 1999.

Attorney(s) appearing for the Case

Robert D. McClure, Kruger, Schwartz & Morreau, Louisville, William Mitchell Hall, Jr., VanAntwerp, Monge, Jones & Edwards, Ashland, for appellant J.R.E., Inc.

Raymond G. Smith, Edward H. Stopher, Boehl, Stopher & Graves, Louisville, for appellants Rand E. Kruger and Kruger, Schwartz and Morreau.

Kenneth Williams, Jr., Ashland, for appellee Pioneer Junction, Inc.

COOPER, Justice.

This is an appeal from an original action petitioning the Court of Appeals to issue a writ prohibiting the Appellee Judge of the Boyd Circuit Court from compelling Appellants to deposit $25,000.00 with the Boyd Circuit Court clerk pending the outcome of the underlying proceedings. The Court of Appeals denied the petition and Appellants appeal to this Court as a matter of right. Ky. Const. § 115.

The underlying action concerns a written...

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