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BILLITER v. NELSON

300 S.W.2d 790 (1957)

Kermit BILLITER, a Citizen, Resident and Taxpayer of Pike County, Kentucky, Appellant, v. W. E. NELSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 3, 1957.

Attorney(s) appearing for the Case

W. A. Daugherty, Pikeville, for appellant.

Jo M. Ferguson, Atty. Gen., Edward L. Fossett, Asst. Atty. Gen., Jack T. Page, Pikeville, for appellees.

CULLEN, Commissioner.

In question is the constitutionality of Chapter 118 of the Acts of 1956, KRS 67.065, which provides that in all counties having a population of 75,000 or more the fiscal court shall consist of the county judge and three commissioners. In an action brought by a citizen and taxpayer of Pike County, against four persons who have filed as candidates for the office of commissioner of that county, seeking nomination at the primary election to be held...

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