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REVENUE CABINET v. ESTATE OF MARSHALL

No. 86-CA-2002-MR.

746 S.W.2d 408 (1988)

REVENUE CABINET COMMONWEALTH OF KENTUCKY, Appellant, v. ESTATE OF Forrest C. MARSHALL, Deceased, Appellee.

Court of Appeals of Kentucky.

February 19, 1988.

Attorney(s) appearing for the Case

Celia M. Dunlap, Legal Service Section, Revenue Cabinet, Frankfort, for appellant.

Larry Cleveland, Young, Cleveland & Ayer, Frankfort, for appellee.

Before COMBS, LESTER and MILLER, JJ.

LESTER, Judge.

This is an appeal from a judgment declaring KRS 140.300(4)(c) unconstitutional as being in contravention of Sections 2 and 171 of our state constitution as well as Section (1) of the Fourteenth Amendment to the Federal Constitution.

This litigation presents an issue of first impression best left to our court of last resort, but in the judicial scheme, we are obligated to render an opinion.

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