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SMITH v. HARLAN COUNTY FISCAL COURT

329 S.W.2d 61 (1959)

Cawood SMITH, etc., Appellant, v. HARLAN COUNTY FISCAL COURT, etc., et al., Appellees.

Court of Appeals of Kentucky.

Concurring Opinion July 6, 1959.

As Modified on Denial of Rehearing December 11, 1959.

Attorney(s) appearing for the Case

Cawood Smith, County Attorney, Harlan, for appellant.

Garrett M. Castle, James S. Greene, Jr., Glenn L. Greene, Jr., Harlan, for appellees.

D. G. Boleyn, Hazard, amicus curiae.

MONTGOMERY, Chief Justice.

The validity and effect of KRS 64.255, usually referred to as the Magistrates' Pay Act, are involved on this appeal. The lower court held that the Act was not repugnant to Sections 161 and 235 of the Kentucky Constitution. These questions have been considered by two other circuit courts, the appeals from which are controlled by this opinion. See Kitchens v. Milliken, Ky., 329 S.W.2d 68, and Crafton v....

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