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DIRT & ROCK RENTALS v. IRWIN & POWELL

No. 91-CA-871-MR.

838 S.W.2d 412 (1992)

DIRT & ROCK RENTALS, INC., Appellant, v. IRWIN & POWELL CONSTRUCTION, INC.; HFH, Inc.; and United States Fidelity & Guaranty Co., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 11, 1992.

Attorney(s) appearing for the Case

Rocco J. Celebrezze and David C. Jones, Celebrezze & Holloway, Louisville, for appellant.

Thomas A. Hoy and Gregory A. Bölzle, Woodward, Hobson & Fulton, Louisville, for U.S. Fidelity & Guar. Co.

Kyle T. Hubbard, Louisville, for HFH.

Before HOWERTON, STUMBO and WILHOIT, JJ.

WILHOIT, Judge.

This is an appeal from summary judgments dismissing claims asserted by the appellant Dirt & Rock Rentals, Inc., against the appellees, HFH, Inc., and United States Fidelity & Guaranty Company (USF & G). HFH was the owner of property being developed as Glenmary Subdivision, and contracted with a joint venture of Hughes Asphalt, Inc., and the appellee Irwin & Powell Construction, Inc., to construct improvements in the subdivision. Irwin...

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