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ROSENBALM v. COMMERCIAL BANK

Nos. 90-CA-002546-MR, 90-CA-002652-MR.

838 S.W.2d 423 (1992)

Kenny ROSENBALM; Will Ed Kirk; Viola Hurst; Sylvia Williams; Larry Wilson; and William Mason, Appellants, v. COMMERCIAL BANK OF MIDDLESBORO; Bell County Garbage and Refuse Disposal District; Blakeman & Sons, Inc.; City of Middlesboro; City of Pineville; Joan Asher Cawood, Bell County Court Clerk; and Bell County Fiscal Court, Appellees. COMMERCIAL BANK OF MIDDLESBORO, Cross-Appellant, v. Kenny ROSENBALM; Will Ed Kirk; Viola Hurst; Sylvia Williams; Larry Wilson; William Mason; and W. Henry Graddy IV, Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 11, 1992.

Attorney(s) appearing for the Case

W. Henry Graddy IV, Todd Evan Leatherman, Reeves & Graddy, Versailles, for appellants.

William A. Watson, Middlesboro, for Commercial Bank of Middlesboro.

Frank A. Atkins, Scoville, Cessna, Crawford & Atkins, London, for Bell County Garbage and Refuse Disposal Dist.

Lloyd R. Edens, Cline & Edens, Middlesboro, for Blakeman & Sons, Inc.

Charles E. Sigmon, Jr., Middlesboro, for City of Middlesboro.

Stephen C. Cawood, Barbourville, for City of Pineville.

Lowell W. Lundy, Pineville, for Joan Asher Cawood, Bell County Court Clerk.

Before GUDGEL, HUDDLESTON and McDONALD, JJ.

HUDDLESTON, Judge.

Appellants, taxpayers of Bell County, appeal from an order and judgment rendered by Bell Circuit Court dismissing, for lack of timeliness, their motion to intervene in a long-pending lawsuit which has ultimately resulted in the imposition of a tax on the County's citizens to pay the debts of the Bell County Garbage and Refuse Disposal District. Because we determine that the record will not support this...

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