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BESHEAR v. HAYDON BRIDGE CO., INC.

No. 2007-SC-000058-TG.

304 S.W.3d 682 (2010)

Steve BESHEAR (in His Official Capacity as the Governor of the Commonwealth of Kentucky), et al., Appellants, v. HAYDON BRIDGE COMPANY, INC., et al., Appellees.

Supreme Court of Kentucky.

As Corrected March 17, 2010.

Attorney(s) appearing for the Case

Christopher W. Brooker, Mark Stephen Pitt, Virginia Hamilton Snell, Wyatt, Tarrant & Combs, LLP, Louisville, KY, Counsel for Appellants.

Francis Lee Dickerson, Frankfort, KY, Counsel for Appellee Kentucky Workers' Compensation Funding Commission.

H. Edward O' Daniel, Jr., Springfield, KY, Mark David Guilfoyle, Deter, Benzinger & Lavelle, PLLC, Crestview Hills, KY, Counsel for Appellees Haydon Bridge Company, Inc.; Greater Louisville Auto Dealers Association; Kentucky Automobile Dealers Association; M & M Cartage Co., Inc.; Springfield Laundry and Dry Cleaning, Inc.; and Usher Transport, Inc.

Opinion of the Court by Justice SCOTT.

We granted transfer of this appeal and cross-appeal from the Court of Appeals, CR 74.02, to again address, as we did in part in Commonwealth ex rel. Armstrong v. Collins, 709 S.W.2d 437 (Ky.1986), the extent to which, in times of rising budget deficits, the Kentucky General Assembly may adopt a budget bill reducing, eliminating and/or transferring certain appropriated funds—effectively...

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