HARBER v. KENTUCKY RIDGE COAL CO.

No. 11230.

188 F.2d 62 (1951)

HARBER et al. v. KENTUCKY RIDGE COAL CO. et al.

United States Court of Appeals Sixth Circuit.

April 13, 1951.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, Ky., (Robert R. Boone, Pineville, Ky., Claude P. Stephens, Prestonsburg, Ky., on the brief), for appellants.

James Sampson, Harlan, Ky. (W. R. Lay and E. B. Wilson, Pineville, Ky., James Sampson, Harlan, Ky., on the brief), for appellees.

Before HICKS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

The sole question presented in this appeal is whether under Kentucky law an administratrix who has been duly appointed in Kentucky may be removed without notice on the ground that she has changed her residence to another state, no prejudice being shown. The District Court held that the Kentucky statutes did not require such notice and that under the facts of this record the removal did not violate the constitutional guaranty of due process.<...

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