CASEY COUNTY BOARD OF EDUCATION v. LUSTER


282 S.W.2d 333 (1955)

CASEY COUNTY BOARD OF EDUCATION et al., Appellants, v. C. T. LUSTER, as the Father of Cecil Luster, an Infant Age 13, et al., Appellees.

Court of Appeals of Kentucky.

September 23, 1955.


Attorney(s) appearing for the Case

Moore & Pittman, Liberty, for appellants.

L. C. Lawrence, Jamestown, for appellees.


SIMS, Judge.

The question for determination is the legality of a rule promulgated by the Principal of the Middleburg Public School in Casey County which provides:

"No one, while in school, shall be allowed to enter the restaurant of Mr. Russell or any other business establishment in the town without permission from 8:15 A.M. until 3:00 P.M."

The trial judge in a written opinion held this rule was arbitrary, therefore void, and enjoined the County...

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