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KELLERMAN v. VAUGHAN

408 S.W.2d 415 (1966)

Ed KELLERMAN, and Ed Kellerman, Jr., Appellants, v. C. M. VAUGHAN, Sr., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 16, 1966.

Attorney(s) appearing for the Case

James M. Todd, Lexington, for appellants.

I. Jay Miller, Lexington, for appellee.

CLAY, Commissioner.

This is a suit for malicious prosecution brought by Ed Kellerman and his son, Ed Kellerman, Jr. The second amended complaint was dismissed on defendant's motion for failure to state a claim. The principal controversy rages over Civil Rule 9.02, which somewhat strains our comprehension.

Count 1 of the amended complaint alleges that the defendant appeared before the Fayette County Grand Jury and...

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