Kentucky Center for the Arts v. Whittenberg Engineering & Construction Co.

McDONALD, Judge:

This appeal comes from the dismissal of Kentucky Center for the Arts’ complaint pursuant to a judgment on the pleadings under CR 12.02(a) and (f), in conjunction with CR 17.01, the failure to prosecute in the name of the real party in interest.

The procedural history is thus: On January 21, 1986, suit was filed by the Kentucky Center for the Arts, a Corporation, (K.C.A.), against Whittenberg Engineering and Construction Company. The cause within the complaint is for breach of contract for deficiencies and defective work in the construction of Phase “C” of the complex known as…