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COMMONWEALTH v. WOMBLES

346 S.W.2d 299 (1961)

COMMONWEALTH of Kentucky and Commonwealth of Kentucky ex rel. Department of Conservation, Division of Strip Mining & Reclamation, Appellants, v. James WOMBLES et al., Appellees.

Court of Appeals of Kentucky.

May 5, 1961.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Earle V. Powell, Asst. Atty. Gen., for appellants.

J. W. Craft, Jr., H. Garland Wells, S.M. Ward, Hazard, for appellees.

MOREMEN, Judge.

Appellants, Commonwealth of Kentucky, individually, and ex relatione of its Department of Conservation, Division of Strip Mining and Reclamation, instituted suit under section 11 of the Criminal Code of Practice (see Commonwealth v. Sherman, 85 Ky. 686, 4 S.W. 790) to recover fines and sums alleged to be due from the appellees, James and Henry Wombles, Old Kentuck Coal Company and Delta Mining Company, Inc., resulting from violations of the provisions...

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