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CENTRAL KENTUCKY PRODUCTION CREDIT v. SMITH

633 S.W.2d 64 (1982)

CENTRAL KENTUCKY PRODUCTION CREDIT ASSOCIATION, Movant, v. Phyllis Kate SMITH, Executrix of Estate of Francis S. Smith (deceased) and Gertrude Smith; and H. Patricia Levings, Respondents.

Supreme Court of Kentucky.

May 25, 1982.

Attorney(s) appearing for the Case

John G. Atchison, Jr., Ray A. Webb, Gess, Mattingly, Saunier & Atchison, Lexington, for movant.

James E. Thompson, Burnam & Thompson, P. S. C., Richmond, for respondents Francis S. Smith & Gertrude Smith.

Ann Render, Lexington, for respondent H. Patricia Levings.

William R. Mapother, C. Joseph Greene, Mapother & Mapother, Louisville, amicus curiae for First Nat. Bank of Louisville.

Gross C. Lindsay, Trimble & Lindsay, Henderson, amicus curiae for Kentucky Sav. and Loan League, Inc.

M. Brooks Senn, Louisville, amicus curiae for Kentucky Bankers Ass'n.

STEPHENSON, Justice.

The trial court held that KRS 453.250, providing for allowance of attorney fees, was not applicable to the note and mortgage here executed and delivered prior to the effective date of the statute. The Court of Appeals affirmed. We granted discretionary review and reverse.

This issue is presented to us as a result of the General Assembly's enacting KRS 453.250 which became effective July 15, 1980. Kentucky Acts 1980, Chapter 169, p. 422...

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