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MILLER v. CITY OF OWENSBORO

343 S.W.2d 398 (1961)

Julius C. MILLER, etc., et al., Appellants, v. CITY OF OWENSBORO, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

February 17, 1961.

Attorney(s) appearing for the Case

Clarence McCarroll, Woodward, Bartlett & McCarroll, Owensboro, for appellants.

William T. Carroll, Gant & Carroll, Morton Holbrook, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellees.

CULLEN, Commissioner.

This action was brought by persons suing as and on behalf of taxpayers and holders of electric plant revenue bonds of the City of Owensboro, raising questions as to the legality of a plan of the city for the construction, financing and operation of a new generating station. The circuit court entered a declaratory judgment upholding the legality of the plan and the plaintiffs have appealed.

The city now owns an electric plant, which was...

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