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CITY OF COVINGTON v. BOARD OF COMMISSIONERS

371 S.W.2d 20 (1963)

CITY OF COVINGTON, Kentucky, et al., Appellants, v. BOARD OF COMMISSIONERS OF KENTON COUNTY WATER DISTRICT NO. 1, etc., Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 4, 1963.

Attorney(s) appearing for the Case

Louis Cox, James Honaker, Frankfort, John B. Breckinridge, Atty. Gen., Frankfort, J. Gardner Ashcraft, Asst. Atty. Gen., Frankfort, for appellants.

Grafton, Ferguson & Fleischer, Cornelius W. Grafton, Louisville, G. Wayne Bridges, Covington, for appellee.

WADDILL, Commissioner.

This is an appeal from a judgment of the Franklin Circuit Court setting aside an order of the Public Service Commission (hereinafter called "Commission") which dismissed an application filed by the Board of Commissioners of Kenton County Water District #1 (hereinafter referred to as the "Water District") to obtain a certificate of public convenience and necessity.

During September, 1960, the Water District filed an application with the...

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