EFFINGER v. FERN CREEK VOLUNTEER FIRE DEPT.


564 S.W.2d 847 (1978)

Paul EFFINGER, Rishel Bowen, James Durham, Tinsley Roman, and William Adams, Appellants, v. FERN CREEK VOLUNTEER FIRE DEPARTMENT, INC., Larry Broyles, Tony Broyles, Ronnie Brugh, Harold Carnes, Robbie Chambers, Steve Driskell, Don Espy, Dave Fisher, Cliff Fowler, John Franklin, Tim Krivda, Arnold Kuehenbrod, Andy Mehaffey, John Miller, Riery Shaffer, Lloyd Straub, Jerry Swan, Charlie Thompson, Art Vogedes, Glen Vogedes, Mark Vogedes, Tom Widman, Rodney Zeller, Tyrone Young, John Johnson, Robert Storrie, John Magnus, Gary Helm, Mrs. Robert F. Chamgers, Mrs. Ross Riddle, Mrs. Lawrence Speckman, Harley Roman, John E. Parrish, Joseph T. Riordan, Ricky Devine, George J. Vogel, Sr., Gary Zeller, Craig Newman, Roger Newman, Matthew F. Plahuta, James S. Bryan, Jr., Jerry Sasser, Carroll E. Brotzge, Charles M. Schmidt, David Montgomery, Jesse Street, Appellees.

Court of Appeals of Kentucky.

April 7, 1978.


Attorney(s) appearing for the Case

Richard D. Remmers, Handmaker, Weber & Meyer, Louisville, for appellants.

Edwin A. Schroering, Jr., Louisville, for appellees.

Before HOWERTON, LESTER and WHITE, JJ.


HOWERTON, Judge.

This is an appeal from a declaratory judgment in which the trial court declared that the contract between the Fern Creek Fire Department, Inc., (hereinafter referred to as Department) and the Fern Creek Fire Protection District (hereinafter referred to as District) was valid. One provision of the contract allowing veto power by the directors of the Department over any termination of the contract by the trustees of the District was declared invalid...

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