REED, Judge.
The appellants-plaintiffs sued the appellee-defendant in the McCracken Circuit Court for in-lieu-of tax payments allegedly due under KRS 96.820 as amended in 1968. At the time of the institution of the action in the McCracken Circuit Court, the plaintiffs and the defendant were parties to a declaratory judgment action pending in the Barren Circuit Court wherein the validity of a 1968 amendment to 96.820 was posed. The judge of the McCracken Circuit Court...
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