MILLER v. LEXINGTON-FAYETTE URBAN CTY. GOVT.


557 S.W.2d 430 (1977)

M. C. MILLER, Ron Coy and Don Hudson, Individually and as Representatives of a Class Consisting of Members of the Fire Department of Lexington-Fayette Urban County Government, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, H. Foster Pettit, Mayor, Councilmen William Hoskins, William Ward, Joe Jasper, Pam Miller, Cecil Frost, Bill Carey, Bart Peak, Scotty Baesler, Bob Finn, O. M. Travis, Don Blevins, Jack Hall, Tony Curtsinger, Paul Rose and J. Fara Vanmeter, Appellees.

Court of Appeals of Kentucky.

October 21, 1977.


Attorney(s) appearing for the Case

John Frith Stewart, Kenneth L. Sales, Segal, Isenberg, Sales, Stewart & Nutt, Louisville, for appellants.

Richard V. Murphy, James T. Hodge, Charles D. Weaver, Jr., Dept. of Law, Lexington, for appellees.

Before PARK, WHITE and WINTERSHEIMER, JJ.


WINTERSHEIMER, Judge.

This is a class action instituted by the appellants, who are firefighters employed by the Lexington-Fayette Urban County Government, on June 20, 1974, petitioning the trial court to restrain and enjoin the Urban County Government, the appellees, from enacting and enforcing Ordinance 110-74 on the grounds that it conflicted with KRS 337.285, otherwise known as House Bill 477. The request for a temporary injunction was denied. The ordinance in...

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