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KENTUCKY ASS'N OF COUNTIES v. McCLENDON

No. 2002-SC-0648-DG.

157 S.W.3d 626 (2005)

KENTUCKY ASSOCIATION OF COUNTIES ALL LINES FUND TRUST, Appellant, v. Phillip McCLENDON, Daryl Wilson, Howard Hansford, James Cothron, Kenneth Earl Hicks, James D. Slaughter and Ralph Troxtell, in Their Capacities as Magistrates of the Pulaski Fiscal Court; and Pulaski County, Kentucky, Appellees.

Supreme Court of Kentucky.

March 17, 2005.

Attorney(s) appearing for the Case

Pamela Adams Chesnut, Robert E. Maclin, III, McBrayer, McGinnis, Leslie & Kirkland, Lexington, Counsel for Appellant.

William M. Thompson, Pulaski County Attorney, Jeffrey Scott Lawless, Travis, Pruitt & Lawless, Somerset, Counsel for Appellees.

Opinion of the Court by Justice KELLER.

I. ISSUE

In Allen v. McClendon,1 we determined that the magistrate members of the Pulaski County Fiscal Court unlawfully increased their salaries. Upon remand, the trial court entered a judgment requiring the magistrates to repay the improper salary increases. Now, in this postscript to Allen, the magistrates maintain that their liability insurer, Kentucky Association of Counties...

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