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HARDESTY v. OWENSBORO MUN. UTILITIES COM'N

700 S.W.2d 798 (1985)

Frank HARDESTY, Darrell Merritt, Bob Martin, Isaac Tooley, Jim Hodgkins, and Willie Wells, Appellants, v. OWENSBORO MUNICIPAL UTILITIES COMMISSION and Civil Service Commission of Owensboro, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 13, 1985.

Discretionary Review Denied and Opinion Ordered Published by the Supreme Court December 17, 1985.

Attorney(s) appearing for the Case

Larry K. Harrington, Jones, Harrington & Taylor, P.S.C., Owensboro, for appellants.

Patrick D. Pace, Rummage, Kamuf, Yewell & Pace, Owensboro, for appellee Owensboro Municipal Utilities Com'n.

Frankie Scott Hager, City Atty., Owensboro, for appellee Civil Service Com'n of Owensboro.

Before COOPER, HOWARD and WILHOIT, JJ.

WILHOIT, Judge.

This is an appeal from a summary judgment by the Daviess Circuit Court dismissing the appellants' complaint seeking to require the appellees to permit them to take a civil service examination for the position of "electrician" with the Owensboro Municipal Utilities.

The appellants are employees of the Owensboro Municipal Utilities. The City of Owensboro is a second-class city. The utilities posted a notice that a job opening existed for the...

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