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TOLER v. RAPID AMERICAN

No. 2004-CA-002281-MR.

190 S.W.3d 348 (2006)

William J. TOLER and Frances L. Toler, Appellants, v. RAPID AMERICAN; Anchor Packing; Metropolitan Life; Cardinal Insulation; and Garlock, Inc., Appellees.

Court of Appeals of Kentucky.

February 10, 2006.

Attorney(s) appearing for the Case

Kenneth L. Sales, Joseph D. Satterley, D. Matthew Kannady, Louisville, KY, for appellants.

Armer H. Mahan, Jr., Joseph P. Hummel, Louisville, KY, for appellee, Cardinal Industrial Insulation Company, Inc.

Before COMBS, Chief Judge; HENRY and SCHRODER, Judges.

OPINION

HENRY, Judge.

William and Frances Toler appeal from orders of the Jefferson Circuit Court dismissing their lawsuit for lack of prosecution pursuant to CR1 77.02 and CR 41.02. Upon review, we vacate and remand for further proceedings.

On October 30, 1997, the Tolers filed a complaint against a number of defendants alleging that William sustained injuries— specifically asbestosis—due to his...

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