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BOARD OF EDUCATION OF GRAVES COUNTY v. DE WEESE

343 S.W.2d 598 (1960)

BOARD OF EDUCATION OF GRAVES COUNTY, Kentucky, Appellant, v. James B. DE WEESE, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion January 13, 1961.

Rehearing Denied March 24, 1961.

Attorney(s) appearing for the Case

Robbins & Cross, Mayfield, for appellant.

L. M. T. Reed, Martin, Neely & Reed, Mayfield, David R. Reed, Reed & Hines, Paducah, for appellee.

Robert F. Matthews, Jr., Asst. Atty. Gen., for Robert R. Martin, Superintendent of Public Instruction, amicus curiae.

James W. Stites, Louisville, for Kentucky Education Ass'n, and Ky. Association of School Administrators, amicus curiae.

J. T. Hatcher, Elizabethtown, Ky., for Kentucky School Bds. Ass'n, amicus curiae.

Bradley & Bradley, V. A. Bradley, Sr., Georgetown, for Bd. of Trustees of University of Ky., amicus curiae.

Lucian L. Johnson, Louisville, for Bd. of Ed. of Jefferson County, Ky., amicus curiae.

Jo M. Ferguson, Atty. Gen., amicus curiae.

PALMORE, Judge.

This is a declaratory judgment proceeding in which James B. DeWeese seeks recovery of the Graves County Board of Education in the principal amount of $8,000, consisting of salaries as superintendent ($5,250) and secretary ($2,250) from February 1 to November 1, 1957, and expense allowance ($500) from January 1 to November 1, 1957. On the theory that all payments other than the $7,000 per annum salary as superintendent were illegal, the school board...

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