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JEFFERSON COUNTY v. KING

479 S.W.2d 880 (1972)

JEFFERSON COUNTY, Kentucky, Through Its Fiscal Court, etc., et al., Appellants, v. B. E. KING, Commissioner of the Department of Highways, Commonwealth of Kentucky, et al., etc., Appellees.

Court of Appeals of Kentucky.

April 28, 1972.

Attorney(s) appearing for the Case

J. Bruce Miller, Louisville, for appellants.

Cyril E. Shadowen, Dept. of Highways, John Breckinridge, Atty. Gen., Frankfort, Jack Q. Heath, Louisville, for appellees.

CULLEN, Commissioner.

Jefferson County, Kentucky, and a citizen and gasoline-tax payer of the county brought suit against the Commissioner of Highways of Kentucky and the State Treasurer, seeking a declaration of the unconstitutionality of the statute, KRS 177.360, which provides a formula for allocation of the Rural Secondary Road Fund among the counties of Kentucky, and the statute, KRS 179.410, which provides that the County Road Fund shall be allocated

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