ELK HORN COAL CORP. v. CHEYENNE RESOURCES

No. 2002-SC-743-DG.

163 S.W.3d 408 (2005)

The ELK HORN COAL CORPORATION, Appellant, v. CHEYENNE RESOURCES, INC., and PC & H Construction, Inc., Appellees.

Supreme Court of Kentucky.

May 19, 2005.


Attorney(s) appearing for the Case

Virginia Hamilton Snell, Deborah H. Patterson, Louisville, Richard C. Ward, Lexington, Wyatt, Tarrant & Combs, Counsel for Appellant.

Bruce E. Cryder, Greenebaum, Doll & McDonald, David Austin French, Lexington, Counsel for Appellee.


KELLER, Justice.

I. INTRODUCTION

Appellant unsuccessfully sought discretionary review in this Court of a decision of the Court of Appeals affirming a $9.5 million judgment awarded against it. Appellant had stayed enforcement of the judgment during the appellate process by posting a supersedeas bond, and because the discretionary review motion further delayed enforcement of the judgment, the trial court, pursuant to KRS 26A.300, assessed as additional damages...

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