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PRESTON v. MEIGS

464 S.W.2d 271 (1971)

Robert D. PRESTON, as Commissioner of Insurance, Commonwealth of Kentucky, Petitioner, v. Honorable Henry MEIGS, II, Judge of the Franklin Circuit Court, and Nationwide Mutual Insurance Company, Respondents.

Court of Appeals of Kentucky.

February 26, 1971.

Attorney(s) appearing for the Case

Lloyd Graper and Charmaine Marlowe, Dept. of Insurance, Frankfort, for petitioner.

Henry Meigs, II, Judge, Franklin Circuit Court, Frankfort, Donald P. Moloney, Lexington, J. Roth Crabbe, David L. Maynard, Columbus, Ohio, for respondents.

REED, Judge.

The Commissioner of Insurance seeks to invoke the original jurisdiction of this court under Section 110 of the Constitution of Kentucky, and to thereby secure the issuance of an order of prohibition addressed to the respondent judge of the Franklin Circuit Court in which it would be directed that the respondent has no jurisdiction to hear and determine a declaratory judgment action now pending in the court over which he presides. This suit is styled ...

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