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POWELL v. BINGHAM

350 S.W.2d 150 (1961)

Earle V. POWELL (formerly Jo M. Ferguson), Commissioner of Economic Security, Commonwealth of Kentucky, Appellant, v. Eugene BINGHAM, Appellee.

Court of Appeals of Kentucky.

October 6, 1961.

Attorney(s) appearing for the Case

Paul E. Tierney, Forest Smith, Clarence E. Powell, Dept. of Economic Security, Frankfort, for appellant.

Charles B. Amis, Barbourville, for appellee.

CULLEN, Commissioner.

The Appeal Board of the Department of Economic Security upheld the decision of a referee denying the application of Eugene Bingham for aid for his dependent children under KRS Ch. 205. The ground of denial was that Bingham was not incapacitated within the meaning of KRS 205.010(5). Upon appeal by Bingham to the circuit court judgment was entered reversing the order of the board and directing that Bingham's children be added to the rolls of those...

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