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DAWSON v. COM., DEPT. OF TRANSP., ETC.

622 S.W.2d 212 (1981)

John DAWSON, et al., Movants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Respondent.

Supreme Court of Kentucky.

Rehearing Denied July 7, 1981.

Attorney(s) appearing for the Case

Daniel J. Zalla, Bertelsman, Kaufman, Zalla & Seidenfaden, Newport, for movants.

Henry C. Germann, Covington, Ed W. Hancock, Dept. of Transp., Frankfort, for respondent.

OPINION OF THE COURT

The issue before the court involves the constitutionality and the interpretation of a 1978 amendment to KRS, Chapter 177, the so-called "junkyard" Act.

The trial court ruled that the provisions of KRS 177.905-177.951 (1978) applied only to those persons, firms, etc., who were actually engaged in the business of recycling materials. It also ruled that the Act applied only to automobile and truck recyclers because of the title of...

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