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ALL-AMERICAN MOVERS v. KENTUCKY EX REL. HANCOCK

552 S.W.2d 679 (1977)

ALL-AMERICAN MOVERS, INC., Jimmy Creech, and Glen D. Creech, Appellants, v. Commonwealth of KENTUCKY, ex rel. Ed W. HANCOCK, Attorney General, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 1, 1977.

Attorney(s) appearing for the Case

Rose & Martin, Williamsburg, for appellants.

Ed W. Hancock, Atty. Gen., Kenneth A. Howe, Jr., Asst. Deputy Atty. Gen., William W. Pollard, Asst. Atty. Gen., Frankfort, for appellee.

Before WHITE, HOWARD and COOPER, JJ.

WHITE, Judge.

This action arose when the Attorney General of the Commonwealth of Kentucky filed suit pursuant to Ky.Rev.Stat. § 15.060 [hereinafter cited as KRS] to recover monies paid to appellants. However, before discussing the issues in this case, it is appropriate to describe the factual background.

During the last half of 1971, the Commonwealth of Kentucky was preparing for occupancy of the then...

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