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  5. 764 S.W.2d 644 (1989)
 

CORNETT v. KY. JUDICIAL FORM RET. SYSTEM

No. 88-CA-179-S.

764 S.W.2d 644 (1989)

Judge John Chris CORNETT, Appellant, v. BOARD OF TRUSTEES OF the KENTUCKY JUDICIAL FORM RETIREMENT SYSTEM, Appellee.

Court of Appeals of Kentucky.

January 27, 1989.

Attorney(s) appearing for the Case

Robert W. Kellerman, Frankfort, Earl M. Cornett, Hindman, David LeMaster, Paintsville, for appellant.

L. Stanley Chauvin, Jr., Louisville, Robert K. Cullen, Frankfort, for appellee.

Before BEN L. KESSINGER, Special Presiding Judge, and NORMA B. ADAMS and ROBIN GRIFFIN, Special Judges.

NORMA B. ADAMS, Special Judge:

This is an appeal from an Opinion and Judgment entered by the Franklin Circuit Court in a declaratory judgment action in which the Appellant, Judge John Chris Cornett, sought to prohibit the Appellee, Board of Trustees of the Kentucky Judicial Form Retirement System, from deducting from retirement benefits being drawn by him a sum representing benefits which had been previously paid to him during an earlier period of retirement.

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