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UPTON v. GINN

No. 2005-CA-001062-MR.

231 S.W.3d 788 (2007)

P.D. UPTON, an Underwriter at Lloyd's of London, on his own Behalf and on Behalf of Those Certain Underwriters at Lloyd's of London subscribing to Certificate No. TA42735, Appellants. v. Elden GINN and Elden Ginn Tobacco Warehouses, Inc., Appellees.

Court of Appeals of Kentucky.

August 10, 2007.

Attorney(s) appearing for the Case

Todd S. Page, Stoll, Keenon Ogden, PLLC, Lexington, KY, for appellant.

Gregory L. Monge, VanAntwerp, Monge, Jones & Edwards, Ashland, KY, for appellee.

Before ABRAMSON and TAYLOR, Judges; KNOPF, Senior Judge.

OPINION

ABRAMSON, Judge.

P.D. Upton, on behalf of Lloyd's of London, appeals from the April 5, 2005 Findings of Fact and Conclusions of Law entered by the Montgomery Circuit Court finding that Elden Ginn and Elden Ginn Tobacco Warehouses, Inc. (collectively "Ginn") did not repudiate a contract to purchase tobacco from Lloyd's, and further adjudging Lloyd's liable to Ginn for wrongfully selling a portion of that tobacco to a third party after it had...

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