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YOCOM v. FRANKLIN COUNTY FISCAL COURT

551 S.W.2d 833 (1977)

James R. YOCOM, Commissioner, Department of Labor of Kentucky, for Himself and on Behalf of Rick Burke, James Stewart and John Webb, Appellant, v. FRANKLIN COUNTY FISCAL COURT et al., Appellees.

Court of Appeals of Kentucky.

May 27, 1977.

Attorney(s) appearing for the Case

E. H. Tingle, Asst. Counsel, Dept. of Labor, Frankfort, for appellant.

William A. Young, County Atty. of Franklin County, Frankfort, for appellees.

Before MARTIN, C. J., and PARK and GANT, JJ.

MARTIN, Chief Judge.

The Kentucky Department of Labor by a complaint filed in the Franklin Circuit Court alleged that the Franklin County Fiscal Court was liable for overtime pay due three deputy jailers. The Franklin Circuit Court disagreed, dismissing the complaint on the basis that any liability rested with the Franklin County Jailer, an elected constitutional official who was not a party to these proceedings. This appeal followed, and we affirm.

As determined...

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