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D.L. BRAUGHLER CO. v. KENTUCKY

No. CIV.A. 03-12-JMH.

271 F.Supp.2d 937 (2003)

D.L. BRAUGHLER COMPANY, INC., Plaintiff, v. Commonwealth of KENTUCKY, Defendant.

United States District Court, E.D. Kentucky, Frankfort.

July 9, 2003.

Attorney(s) appearing for the Case

Buckner Hinkle, Cassidy Ruschell, Stites & Harbison, Lexington, KY, Judith A. Villines, Stites & Harbison, Frankfort, KY, for Plaintiff.

John S. West, Kathryn M. Hargraves, Frankfort, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on the defendant's motion dismiss Plaintiff's complaint as provided for under Fed.R.Civ.P. 12(b)(6) [Record No. 4]. Plaintiff has responded [Record No. 7], and Defendant has replied [Record No. 9]. This matter is now ripe for a decision.

FACTUAL BACKGROUND

Defendant Commonwealth of Kentucky (hereinafter, "Kentucky") is the owner of Maxey Flats, a low...

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