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CITY OF OWENSBORO v. SMITH

383 S.W.2d 902 (1964)

CITY OF OWENSBORO et al., Appellants, v. J. G. SMITH et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 4, 1964.

Attorney(s) appearing for the Case

William T. Carroll, City Atty., Owensboro, for appellant.

Thomas F. Marshall, Funk, Chancellor & Marshall, Frankfort, for appellee.

STEWART, Judge.

This is an appeal from a judgment of the Daviess Circuit Court, holding that City of Owensboro Ordinance No. 24-61 which prohibits the licensing by the city of any pinball, shooting, target or amusement device for which a federal gaming stamp has been secured, is ultra vires because it is outside or in excess of the authority conferred by KRS 137.410, and invalid because it is in conflict with Kentucky statutes relating to the licensing of coin-operated...

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