OPINION AND ORDER

The motion of Bailey Mining Company, Inc., and Isle Coals, Inc., for a review of the decision of the Court of Appeals is granted.

The decision of the Court of Appeals rendered January 6, 1978, is now vacated, and this proceeding is remanded to the Court of Appeals for reconsideration in light of this court’s opinion in Transport Motor Express, Inc. v. Finn, Ky., 574 S.W.2d 277, rendered September 19, 1978.