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COMMISSIONERS OF SINKING FUND v. OUR OWN DELIVERIES

382 S.W.2d 878 (1964)

COMMISSIONERS OF the SINKING FUND OF the CITY OF LOUISVILLE et al., Appellants, v. OUR OWN DELIVERIES, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 6, 1964.

Attorney(s) appearing for the Case

Harris W. Coleman, Arthur W. Grafton, Edgar A. Zingman, Louisville, for Commissioners of Sinking Fund.

Wilber C. Fisher, Jr., Eugene H. Alvey, Louisville, for City of Louisville.

Bertram C. VanArsdale, Charles P. Sutt, Jr., Louisville, for appellee.

MONTGOMERY, Judge.

The question presented is whether Our Own Deliveries, Inc., a local cartage business, is a common carrier and thus is exempt from payment of a license fee imposed by the City of Louisville on owners of motor trucks, etc., operating on the streets of the city. The City appeals from a judgment holding the cartage business to be a common carrier.

By ordinance the City of Louisville imposed and collected an annual license fee from the owner...

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