BRANHAM v. BENEVOLENT & PRO. ORDER OF ELKS, L. NO. 942


427 S.W.2d 572 (1968)

Z. Taylor BRANHAM, Appellant, v. The BENEVOLENT AND PROTECTIVE ORDER OF ELKS, LODGE NO. 942, Catlettsburg, Boyd County, Kentucky, Paris Preston, Catlettsburg, Kentucky, Robert Adkins, Catlettsburg, Kentucky, Charles Ross, Catlettsburg, Kentucky, and John Scaggs, Ashland, Kentucky, Trustees, Appellees.

Court of Appeals of Kentucky.

April 26, 1968.


Attorney(s) appearing for the Case

Mont Walker, Ashland, for appellant.

Thomas E. Phipps, Ashland, for appellees.


J. PAUL KEITH, Jr., Special Commissioner.

Appellant Z. Taylor Branham brought this action in the Boyd Circuit Court for damages against the Benevolent Order of Elks, Lodge 942, Catlettsburg, Kentucky, a fraternal organization and its five trustees, alleging that he had been wrongfully expelled from the organization.

The defendants filed a motion to dismiss on the grounds that no cause of action was stated and that the court had no jurisdiction of the controversy...

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