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FUNK v. MILLIKEN

317 S.W.2d 499 (1958)

Marshall FUNK, Warren County Attorney, etc., et al., Appellants, v. John M. MILLIKEN, Individually, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing November 28, 1958.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Edward L. Fossett, Asst. Atty. Gen., for appellant.

Aaron F. Overfelt, Bowling Green, for Marshall Funk, individually.

Henry J. Potter, Jr., Bowling Green, for Oval Motley.

Leland H. Logan, Bowling Green, for Carl Jordan.

August Winkenhofer, Jr., Bowling Green, for J. Scott Lowe.

Parker W. Duncan, Bowling Green, for A. L. Douglas.

G. D. Milliken, Jr., Bowling Green, for Raymond McClard.

Robert M. Coleman, Bowling Green, for S. C. Lawson.

Leland H. Logan, Bowling Green, for L. C. Stanley.

Charles W. Dobbins, Louisville, and Salem W. Moody, Richmond, as amicus curiae.

CULLEN, Commissioner.

This action was brought by the county attorney, county judge, county treasurer, and magistrates of Warren County, in their official capacities, against the persons who, in 1954, held the offices of county attorney, county judge, county court clerk, circuit court clerk and master commissioner, magistrates, jailer, sheriff, and constables. All of the offices occupied by the defendants were operated wholly or in part under the fee system...

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