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MUNCY v. KEEN

619 S.W.2d 712 (1981)

C. Allen MUNCY, County Judge Executive of Leslie County, Kentucky, Appellant, v. Vera KEEN, Sheriff of Leslie County, Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 5, 1981.

Discretionary Review Denied September 15, 1981.

Attorney(s) appearing for the Case

Robert Scott Madden, Maricle & Madden, Manchester, for appellant.

John M. Lyttle and John T. Aubrey, Manchester, for appellee.

Before HOWARD, REYNOLDS and WILHOIT, JJ.

HOWARD, Judge.

This appeal from the Leslie Circuit Court presents a question of first impression in statutory construction. The case arose from a conflict between appellee, the Leslie County Sheriff, and appellant, the Leslie County Judge Executive, over whether appellant had the right to determine the amount of performance bond appellee must post under K.R.S. 70.020. Appellee contends that appellant has only a ministerial duty to approve the bond posted and no discretion...

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