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  5. 834 S.W.2d 681 (1992)
 

FRANKFORT PUB. v. KENTUCKY ST. UN. FOUND.

No. 91-SC-667-DG.

834 S.W.2d 681 (1992)

FRANKFORT PUBLISHING CO., INC. d/b/a The State Journal, Appellant, v. KENTUCKY STATE UNIVERSITY FOUNDATION, INC., a Kentucky Corporation, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 24, 1992.

Attorney(s) appearing for the Case

Sam G. McNamara, Frankfort, for appellant.

Paul C. Gaines III, Logan & Gaines, Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals reversing a declaratory judgment of the Franklin Circuit Court which held that the Kentucky State University Foundation, Inc. was a "public agency" as defined in K.R.S. 61.870(1) and therefore subject to the Open Records law, K.R.S. 61.870 to 61.884.

The sole issue is the application of the phrase "or agency thereof" as used in K.R.S. 61.870(1).

The Foundation is a nonprofit...

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