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AETNA FREIGHT LINES, INC. v. R. C. TWAY COMPANY

352 S.W.2d 372 (1961)

AETNA FREIGHT LINES, INC. et al., Appellants, v. R. C. TWAY COMPANY, Inc., Doing Business as Kentucky Manufacturing Company, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 19, 1962.

Attorney(s) appearing for the Case

Stanley B. Mayer, Louisville, for appellants.

Charles I. Dawson, Bullitt, Dawson & Tarrant, Louisville, for appellee.

CULLEN, Commissioner.

Aetna Freight Lines, Inc., and Paul Fellabaum, appellants, seek reversal of a summary judgment in favor of R. C. Tway Company, Inc., doing business as Kentucky Manufacturing Company.

The pertinent facts are quoted from the opinion on the first appeal of this case, Aetna Freight Lines v. R. C. Tway Company, Ky., 298 S.W.2d 293, 294, 62 A.L.R. 2d 480, as follows:

"Fellabaum purchased a tractor...

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