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CITY OF LEXINGTON v. WILBURN

265 S.W.2d 777 (1954)

CITY OF LEXINGTON et al. v. WILBURN.

Court of Appeals of Kentucky.

March 5, 1954.

Attorney(s) appearing for the Case

Foster Ockerman, Lexington, for appellants.

Harry B. Miller, Jr., Lexington, for appellee.

WADDILL, Commissioner.

Appellee, Jesse Lee Wilburn seeks a declaration of his rights under KRS 95.540 and 95.560.

The judgment appealed from was entered upon a motion for summary judgment, but for the purpose of this opinion we shall assume the following facts to be established: In October, 1952, at which time appellee had been a member of the Police Department of Lexington, a city of the second class, for over 20 years, the last 5 years of which time he had...

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