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SMITH v. CITY OF GILBERTSVILLE

309 S.W.2d 162 (1958)

R. D. SMITH et al., Appellants, v. CITY OF GILBERTSVILLE, Kentucky, a Municipal Corporation of the Sixth Class, et al., Appellees.

Court of Appeals of Kentucky.

January 17, 1958.

Attorney(s) appearing for the Case

Earl T. Osborne, Benton, for appellants.

Marvin C. Prince, Benton, for appellees.

CAMMACK, Judge.

This action was instituted in June, 1955, by the appellants, R. D. Smith and certain other residents of the City of Gilbertsville, against the appellees, the City of Gilbertsville, a city of the sixth class, and certain city officials. (The city officials were sued both individually and in their official capacities). The appellants prayed for a declaration of rights, a temporary restraining order and a permanent injunction under which the appellees...

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