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COM. EX REL. COWAN v. TELCOM DIRECTORIES

No. 90-SC-223-DG.

806 S.W.2d 638 (1991)

COMMONWEALTH of Kentucky, ex rel., Frederic J. COWAN, Attorney General, Appellant, v. TELCOM DIRECTORIES, INC., Appellee.

Supreme Court of Kentucky.

April 11, 1991.

Attorney(s) appearing for the Case

Wanda Delaplane, Noral K. McCormick, Michael A. Wright, Asst. Attys. Gen., Frankfort, for appellant.

Leslie Rosenbaum, Rosenbaum and Rosenbaum, Lexington, Frank J. Shannon, III, Atlanta, Ga., for appellee.

JOHN DAVID COLE, Special Justice.

The question before the Court is whether the Kentucky Consumer Protection Act is preempted by the U.S. Postal Service regulations dealing with nonmailable materials.

The Attorney General in the complaint, as amended, alleges Appellee Telcom Directories, Inc. (hereinafter Telcom) engaged in a course of conduct that was unfair, false, misleading and deceptive in violation of the Kentucky Consumer Protection Act, KRS 367.170...

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