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PENDLETON v. U.S. 60 ASSOCIATES, LLC

Nos. 2008-CA-000744-MR, 2008-CA-000802-MR.

318 S.W.3d 604 (2010)

Lonnie PENDLETON, Appellant, v. U.S. 60 ASSOCIATES, LLC; Doug Dawson; William Elliot Newton; Rick Newton; and Kim T. Newton, Appellees. Doug Dawson, Appellant, v. U.S. 60 Associates, LLC, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 15, 2010.

Attorney(s) appearing for the Case

Brian N. Thomas , Winchester, KY, for appellant, Lonnie Pendleton.

M. Alex Rowady , Winchester, KY, for appellant, Doug Dawson.

Stephen L. Marshall , Lexington, KY, for appellee, U.S. 60 Associates, LLC.

No Briefs for Appellees William Elliot Newton; Rick Newton; and Kim T. Newton.

Before ACREE and LAMBERT, Judges; HARRIS, Senior Judge.

OPINION

ACREE, Judge.

Appellants, Lonnie Pendleton and Doug Dawson, seek reversal of the Clark Circuit Court's decision granting summary judgment in favor of Appellees, U.S. 60 Associates, LLC (Associates). The Circuit Court determined that Associates' subtenants, Pendleton and Dawson, were liable for unpaid rent. KRS 383.010(5) provides for the recovery of rent from whomever it is owed whether they are an assignee or undertenant. Therefore, we affirm...

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