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BROWN v. MARSHALL COUNTY, KENTUCKY

No. 17725.

394 F.2d 498 (1968)

Leo J. BROWN, Plaintiff-Appellant, v. MARSHALL COUNTY, KENTUCKY, Marshall County Fiscal Court, and Pal Howard, County Judge, and Roy Lovett, John Dyke, Burnis Dowell, Aaron Ivey and Cratus York, Justices of the Peace, Comprising the Fiscal Court of Marshall County, Kentucky, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

May 2, 1968.

Attorney(s) appearing for the Case

Joseph S. Freeland, Paducah, Ky., for appellant.

Marvin C. Prince, Marshall County Atty., Benton, Ky., for appellees.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

PHILLIPS, Circuit Judge.

This action, based on diversity of citizenship, was filed by Brown, a citizen of Illinois, against Marshall County, Kentucky, the county fiscal court and the Justices of the Peace comprising the fiscal court. The District Court sustained a motion to dismiss on the ground of governmental immunity. Brown appeals.

Brown has leased for a term of years certain property on Kentucky Lake in Marshall...

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