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MARSHALL v. COM. EX REL. HATCHETT

No. 1998-CA-003192-MR.

20 S.W.3d 478 (2000)

Earl R. MARSHALL, Sheriff of Greenup County, Kentucky, Appellant, v. COMMONWEALTH of Kentucky, By and Through Hon. Edward B. HATCHETT, Jr., Auditor of Public Accounts, Appellee.

Court of Appeals of Kentucky.

June 2, 2000.

Attorney(s) appearing for the Case

Phillip Bruce Leslie, McBrayer, McGinnis, Leslie & Kirkland, Greenup, Kentucky, for appellant.

Edward B. Hatchett, Jr., Auditor of Public Accounts, Robert E. McBeath, Frankfort, Kentucky, for appellee.

Anne E. Keating, Kentucky Department of Education, Frankfort, Kentucky, J. Stephen Kirby, Kentucky School Boards Association, Frankfort, Kentucky, for amicus curiae.

BEFORE: GUIDUGLI, JOHNSON, and KNOPF, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a declaratory judgment by the Greenup Circuit Court. The sole issue before this Court is whether interest earned on school tax funds placed in an interest bearing checking account (a "NOW" account) are deemed "investment earnings" under KRS 134.140(3)(b) and thus must be paid to the county school districts; or whether the interest may be retained by the Sheriff of Greenup County and used for the office...

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