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CITY OF COLD SPRING v. CAMPBELL COUNTY WATER DIST.

334 S.W.2d 269 (1960)

CITY OF COLD SPRING, Kentucky, Appellant, v. CAMPBELL COUNTY, Kentucky, WATER DISTRICT, Appellee.

Court of Appeals of Kentucky.

February 12, 1960.

Attorney(s) appearing for the Case

Harold A. Luersen, Cincinnati, Ohio, for appellant.

Ralph Rich, William B. O'Neal, Covington, and Squire Ogden, James S. Welch, Ogden, Brown, Robertson & Marshall, Louisville, for amicus curiae.

George Muehlenkamp, Newport, for appellee.

CLAY, Commissioner.

This declaratory judgment action was brought by appellee, Campbell County Water District, for an adjudication that it has the right to provide water service in a certain specified area, and to have it adjudged that appellant, City of Cold Spring, may not serve this area. The Chancellor entered a judgment in accordance with the prayer of the Water District.

The basis for the court's determination was the legal conclusion that the Water District...

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