Central Kentucky Natural Gas Co. v. City of Lexington

Opinion op the Court by

Judge Stites —

Reversing.

This is an appeal from a judgment of the Fayette circuit court, sitting in equity, in a proceeding under the Declaratory Judgment Act (Civil Code Prac. sec. 639a-1 et seq.).

A more detailed history of the facts helpful to an understanding of the present controversy may he found in the opinions of Central Kentucky Natural Gas Co. v. Railroad Commission (D. C.) 60 F. (2d) 137, and Central Kentucky Natural Gas Co. v. Railroad Commission, 290 U. S. 264, 54 S. Ct. 154, 78 L. Ed. 307. The old franchise of the appellant gas company expired in 1925. No…