Gross Distributing Co. v. City of Shelbyville

CULLEN, Commissioner.

In these appeals, from judgments fining the appellants for violating an ordi*47nance of the City of Shelbyville, this court held the ordinance unconstitutional and handed down an opinion reversing the judgments. See Gross Distributing Company v. City of Shelbyville, Ky., 445 S.W.2d 114 (decided May 23, 1969). The mandate directed that the appellants recover their costs from the appellee City of Shelbyville. The city has moved for recall of the mandate and its amendment by deletion of the direction for recovery of costs, on the ground that the city is not liable for costs in…