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COM. BY GEARY v. JOHNSON

668 S.W.2d 569 (1984)

COMMONWEALTH of Kentucky, by and on relation of Ronald G. GEARY, Secretary of the Revenue Cabinet, Appellant, v. William JOHNSON, Master Commissioner, Franklin Circuit Court, Appellee.

Court of Appeals of Kentucky.

April 20, 1984.

Attorney(s) appearing for the Case

Richard L. Masters, Legal Services Section, Revenue Cabinet, Frankfort, for appellant.

Marion Rider, Frankfort, for appellee.

Before HOWERTON, REYNOLDS and WILHOIT, JJ.

WILHOIT, Judge.

This is an appeal from a judgment of the Franklin Circuit Court in a mandamus action brought by the appellant against the appellee master commissioner to compel him to sell certain personal property removed from safety deposit boxes and delivered to the appellant pursuant to KRS 393.110(3). The circuit court held that the appellee was not obliged to sell the property "until the state's title thereto is established...

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