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COLE v. STEPHENS

582 S.W.2d 657 (1979)

Garnet COLE, Raymond Cole, Maxie Daniels, Russell Pack, W. H. Stratton, Charles Varney, and Florence Varney, Appellants, v. Dana STEPHENS, Ronald May, Carl Loftis, Paul McCoy, and John Raymond Smith, Appellees.

Court of Appeals of Kentucky.

June 1, 1979.

Attorney(s) appearing for the Case

Phil A. Stalnaker, Pikeville, for appellants.

Dan Jack Combs, Pikeville, for appellees.

Before GANT, HOWARD and HOWERTON, JJ.

HOWERTON, Judge.

Appellants appeal from a judgment establishing a sixth-class city to be known as Johnsonville in Pike County, Kentucky. The appellants present five allegations of error.

(1) The boundaries of the area to be incorporated do not comply with the requirements of KRS 81.040. (2) The area to be incorporated is larger than the area permitted by KRS 81.040. (3) The court erred in refusing to allow persons who signed the petition...

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