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BOONE v. SMITH

263 S.W.2d 928 (1954)

BOONE et al. v. SMITH, Judge.

Court of Appeals of Kentucky.

January 15, 1954.

Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for petitioners.

Herman Frick, Louisville, for City of Louisville.

A. T. Lee, Louisville, for Highbaugh Realty Co.

F. H. Thiemann, Jr., Louisville, for Otto Effinger and Ella Effinger.

WADDILL, Commissioner.

This is an original action for an order of mandamus. Petitioners are asking this Court to order the Honorable Macauley T. Smith, Judge of the Jefferson Circuit Court, Chancery Branch, First Division, to enter an order filing the first amended petition in action No. 339,940, Jefferson Circuit Court, or to enter an order filing the second amended petition in that action, or, as an alternative, to set aside the order sustaining the general demurrer...

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