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CITY OF LOUISVILLE v. LOUISVILLE TAXICAB & TRANSFER CO.

238 S.W.2d 121 (1951)

CITY OF LOUISVILLE et al. v. LOUISVILLE TAXICAB & TRANSFER CO.

Court of Appeals of Kentucky.

March 23, 1951.

Attorney(s) appearing for the Case

Gilbert Burnett, City Atty., James E. Thornberry, Asst. City Atty., Louisville, for appellants.

Henry E. McElwain, Jr., and Allen, McElwain, Dinning, & Clarke, all of Louisville, for appellee.

VAN SANT, Commissioner.

This action by appellee was filed under the declaratory judgment act, Civ.Code Prac. § 639a-1 et seq., and seeks a declaration that the City of Louisville and the Commissioners of the Sinking Fund had no power or authority, after October 1, 1942, to impose a license fee on taxicabs. As consequential relief, appellee prayed for judgment requiring appellant to refund the fees invalidly exacted...

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