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METTS v. CITY OF FRANKFORT

665 S.W.2d 318 (1984)

Frank R. METTS (now J.F. Runke), Secretary of Transportation; Drexell R. Davis, Kentucky State Treasurer; George Fischer (now Robert L. Warren), Secretary of Finance & Administration Cabinet, Commonwealth of Kentucky, Appellants, v. CITY OF FRANKFORT, Kentucky and Robert C. Yount, Appellees.

Court of Appeals of Kentucky.

March 9, 1984.

Attorney(s) appearing for the Case

Charles D. Moore, Jr., Counsel, Dept. of Transp., E. Gaines Davis, Jr., Frankfort, for appellants.

Allen Prewitt, Jr., Frankfort, for appellees.

Before CLAYTON, DUNN and HOWARD, JJ.

HOWARD, Judge.

Appellants appeal the dismissal of their counterclaim seeking to set-off money appropriated to the City of Frankfort by the Legislature against unpaid bills incurred by the City for the relocation of its sewer lines in connection with three highway improvements. This appeal relies upon construction of K.R.S. 44.030, which reads as follows:

No money shall be paid to any person on a claim against the state in his own right, or as an assignee...

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