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CURLIN v. WETHERBY

275 S.W.2d 934 (1955)

W. P. CURLIN, Commissioner of Highways et al., Appellants, v. Lawrence W. WETHERBY, Governor of Kentucky et al., Appellees.

Court of Appeals of Kentucky.

February 24, 1955.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., Jo M. Ferguson, Asst. Atty. Gen., for W. P. Curlin, Com'r of Highways, et al.

Cornelius W. Grafton, Louisville, for Cornelius W. Grafton and Kentucky Good Roads Federation.

Louis Cox & R. Vincent Goodlett, Hazelrigg & Cox, Frankfort, for Lawrence W. Wetherby.

Hubert Meredith, Greenville, for Hubert Meredith and other citizens and taxpayers.

Joseph J. Leary, Frankfort, amicus curiae.

CULLEN, Commissioner.

In issue on this appeal is the constitutionality of an Act of the 1954 General Assembly providing a method for financing the construction and improvement of state highways. Chapter 39 of the Acts of 1954; KRS 175.005 to 175.320.

The action below was commenced by the Commissioner of Highways against the Governor, seeking to compel the latter to perform certain duties imposed upon him by the Act, which he, questioning the constitutionality...

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