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HALLAHAN v. MITTLEBEELER

373 S.W.2d 726 (1963)

James P. HALLAHAN, Clerk of the Jefferson County Court, et al., Appellants, v. Emmet V. MITTLEBEELER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 24, 1964.

Attorney(s) appearing for the Case

William A. Young, Frankfort, E. P. Sawyer, County Atty., Louisville, for appellant.

Edwin W. Paul, Louisville, for appellee.

John B. Breckinridge, Atty. Gen., Walter B. Herdman, Asst. Atty. Gen., Frankfort, amicus curiae.

WADDILL, Commissioner.

This declaratory judgment action was brought by appellee in a representative capacity to determine the constitutionality of House Bill 17 which was enacted by the 1962-Legislature to amend KRS, Chapter 126. The circuit court held these amendments to be unconstitutional.

The question raised on this appeal is whether the amendments to KRS, Chapter 126 are unconstitutional for either of two basic...

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