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COMMONWEALTH v. RICE

415 S.W.2d 618 (1966)

COMMONWEALTH of Kentucky, ex rel. Robert MATTHEWS, Attorney General, Appellant, v. Jim (Jimmie) RICE, Appellee.

Court of Appeals of Kentucky.

October 28, 1966.

Attorney(s) appearing for the Case

Earl R. Cooper, Marcus Mann, Salyersville, for appellant.

Woodrow W. Burchett, Prestonsburg, Cordell H. Martin, Hindman, for appellee.

MONTGOMERY, Judge.

This is an ouster proceeding under authority of KRS 415.050 and 415.060 against Jim (Jimmie) Rice, a purported member of the Magoffin County Board of Education. It is contended that Rice is not eligible for such membership because he had not met the statutory requirement of an eighth grade education. KRS 160.180(1) (c). The appeal is prosecuted from a judgment in favor of Rice.

The first contention urged by appellant is dispositive of the...

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