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McCLAIN v. BOARD OF EDUCATION OF SPENCER COUNTY

275 S.W.2d 795 (1955)

W. W. McCLAIN, Sheriff of Spencer County, Kentucky, Appellant, v. BOARD OF EDUCATION OF SPENCER COUNTY, Kentucky, Appellee.

Court of Appeals of Kentucky.

February 18, 1955.

Attorney(s) appearing for the Case

T. C. Carroll, Shepherdsville, for appellant.

Dailey & Fowler, Frankfort, for appellee.

CAMMACK, Justice.

The Spencer County Board of Education filed this action against W. W. McClain, as Sheriff of Spencer County, seeking a declaration of rights and to recover the sum of $966.57. McClain had retained three per cent of the school taxes collected for the fiscal year 1952-1953 as his fee for collecting them and the Board claimed he was entitled to no more than two per cent. The amount sought by the Board is the difference between two per cent and three...

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