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POWELL v. CITY OF CAMPBELLSBURG

563 S.W.2d 488 (1978)

Wirt T. POWELL and Grace Powell, Appellants, v. CITY OF CAMPBELLSBURG, Appellee.

Court of Appeals of Kentucky.

March 3, 1978.

Attorney(s) appearing for the Case

Dorothy G. Cox, Turner, Jones & Cox, New Castle, for appellants.

John M. Berry, Jr., Berry, Floyd & Highfield, New Castle, for appellee.

Before HOWERTON, WILHOIT and WINTERSHEIMER, JJ.

HOWERTON, Judge.

This is an appeal from an Order of the Henry Circuit Court dismissing without prejudice appellant's remonstrance action protesting an annexation attempt by the appellee. On May 25, 1976, the Board of Trustees of the City of Campbellsburg proposed annexation:

. . . of all that territory on both sides of U.S. Highway 421 running parallel with and 400 feet from the centerline of said highway, beginning...

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