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WHITAKER v. FIELDS

377 S.W.2d 67 (1964)

Jasper WHITAKER et al., Appellants, v. Tisha FIELDS et al., Appellees.

Court of Appeals of Kentucky.

March 20, 1964.

Attorney(s) appearing for the Case

D. G. Boleyn, Hazard, for appellants.

Don A. Ward, Hazard, for appellees.

CHESLEY A. LYCAN, Special Commissioner.

This appeal is premature and therefore dismissed and the case remanded to the Perry County Court for further proceedings there for the reason that there has been no judgment in the Perry County Court as required by CR 54.01. See also Brumley v. Lewis, Ky., 340 S.W.2d 599, wherein the test of appealability was said to be "whether the order grants or denies the ultimate relief sought in the...

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