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KENTUCKY ASS'N OF REALTORS v. MUSSELMAN

Nos. 90-SC-664-TG, 90-SC-665-TG.

817 S.W.2d 213 (1991)

KENTUCKY ASSOCIATION OF REALTORS, INC., Appellant, v. Chester W. MUSSELMAN; Wallace G. Wilkinson, Governor of the Commonwealth of Kentucky; and Kentucky Real Estate Commission, Appellees. Frederic J. COWAN, Attorney General of the Commonwealth of Kentucky, Appellant, v. Chester W. MUSSELMAN and Kentucky Real Estate Commission, Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Fred E. Fugazzi, Jr., W. Terry McBrayer, Lexington, for Kentucky Assoc. of Realtors.

Peter L. Ostermiller, Robert G. Stallings, Louisville, for Musselman.

Kevin J. Hable, William H. Hollander, Sheryl G. Snyder, Louisville, for Wilkinson.

T. Kennedy Helm, III, Judith A. Villines, Frankfort, for amicus curiae.

John L. Ackman, Jr., Louisville, for Kentucky Real Estate.

Frederic J. Cowan, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, Kelly Mark Easton, Louisville, for Cowan.

LEIBSON, Justice.

This is a declaratory judgment action filed by the appellee, Chester W. Musselman, a licensed real estate agent, against:

(1) The Kentucky Association of Realtors, Inc. (the "Association"), a private, voluntary non-profit organization of professional real estate agents;

(2) The Kentucky Real Estate Commission (the "Commission"), a state agency charged with the responsibility of licensing...

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