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DEPARTMENT OF MOTOR TRANSP. v. CITY BUS CO.

252 S.W.2d 46 (1952)

DEPARTMENT OF MOTOR TRANSP. v. CITY BUS CO., Inc.

Court of Appeals of Kentucky.

October 24, 1952.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., George M. Catlett, Asst. Atty. Gen., for appellant.

Harry V. McChesney, Jr., Robert M. Pearce, Frankfort, for appellee.

MOREMEN, Justice.

The sole issue before the court is whether the term "ten miles" in the statute, KRS 281.010(15), is to be construed as air miles or road miles. The circuit court construed the term to mean "air miles."

KRS 281.010(15) provides:

"`Suburban area' means territory wholly within the State of Kentucky which extends not more than two air miles beyond the corporate limits of any municipality and one mile additional for each fifty thousand...

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