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FANNIN v. DAVIS

385 S.W.2d 321 (1964)

Orville FANNIN et al., Appellants, v. David L. DAVIS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 18, 1964.

As Modified December 18, 1964.

Attorney(s) appearing for the Case

Jesse K. Lewis, John C. Anggelis, Lexington, for appellants.

J. Blaine G. Nickell, Nickell & Walter, West Liberty, William A. Young, Frankfort, Walter E. Mobley, Sandy Hook, D. B. Caudill, Morehead, Thomas D. Theobald, Jr., Grayson, for appellees.

STEWART, Judge.

This is an appeal from a judgment of the Elliott Circuit Court. The action was filed by Orville Fannin, as a justice of the peace of Elliott County, suing as a member of the fiscal court on behalf of the county, and also suing as a citizen and taxpayer for the use and benefit of the county. He will be referred to as appellant.

The defendants, appellees herein, included former and then members of the Elliott Fiscal Court, namely, Delbert Kitchen...

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