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CITY OF LOUISVILLE v. FISCHER PACKING COMPANY

520 S.W.2d 744 (1975)

CITY OF LOUISVILLE et al., Appellants, v. FISCHER PACKING COMPANY, Appellee.

Court of Appeals of Kentucky.

March 7, 1975.

Attorney(s) appearing for the Case

Robert Matthews and Samuel Manly, Greenebaum, Grissom, Doll, Matthews & Boone, James E. Thornberry, Director of Law, City of Louisville, Louisville, for appellants.

Fielden Woodward and Alvin L. Prichard, Sr., Woodward, Hobson & Fulton, Louisville, for appellee.

VANCE, Commissioner.

This is an appeal from a judgment which awarded to the appellee a recovery of sums it had paid to the City of Louisville as a penalty for failure to file an occupational tax return when due. In issue is the constitutionality of an ordinance of the City of Louisville which provides that any person who fails to file an occupational license tax return within the time due shall be assessed a penalty in the amount of 5% of the unpaid license fee for...

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