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ELECTRIC PLANT BOARD v. STEPHENS

273 S.W.2d 817 (1954)

ELECTRIC PLANT BOARD OF THE CITY OF HOPKINSVILLE, Kentucky, Appellant, v. Paul Wilson STEPHENS, Appellee.

Court of Appeals of Kentucky.

December 17, 1954.

Attorney(s) appearing for the Case

B. H. Henard, Hopkinsville, for appellant.

White & Clark, Hopkinsville, for appellee.

CLAY, Commissioner.

This case comes before us on appellee's motion to dismiss the appeal. We are writing an opinion because an important question under the Rules of Civil Procedure is presented. In simple terms, that question is: If a party fails to file his notice of appeal within the time limit prescribed by CR 73.02, does he lose his right of appeal? Put another way, is the requirement of filing a notice of appeal within the time limit prescribed by CR 73.02 mandatory...

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