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LAMAR v. BOARD OF EDUCATION OF HANCOCK CO. SCH. DIST.

467 S.W.2d 143 (1971)

Leroy LAMAR, Hawesville, Kentucky, Individually, etc., et al., Appellants, v. BOARD OF EDUCATION OF the HANCOCK COUNTY SCHOOL DISTRICT and Fiscal Court of Hancock County, Kentucky, Appellees.

Court of Appeals of Kentucky.

May 14, 1971.

Attorney(s) appearing for the Case

Joseph R. Rubin, John S. Smith, Rubin & Trautwein, Louisville, for appellants.

Harold Wayne Newton, Paul L. Madden, Hancock County Atty., Hawesville, for appellees.

H. Hamilton Rice, Jr., Sandidge, Holbrook, Craig & Hager, Owensboro, for intervening plaintiffs.

Ben B. Fowler, Dailey & Fowler, Frankfort, for Kentucky School Boards Assn., amicus curiae.

STEINFELD, Judge.

This litigation involves the validity of legislation which authorizes the respective counties acting on the initiative of the school boards located therein to levy a tax for school purposes of three percent of the gross receipts derived from furnishing utility services within the county. KRS 160.613. In a class action (CR 23) the parties to this appeal submitted to the trial court certain questions in...

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