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· 9/23/1869

Dodd v. Kuykendall

Citations

  • 3 Ky. Op. 193
  • 1869 Ky. LEXIS 342

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting standing challenge, reasoning: \Plaintiff clearly alleges an injury in fact: the payment of fees it seeks to recover with its prayer for the repayment of the fees plus interest\
  • referring to the defendant's website description of \fuel surcharges\ as \cost recovery charges\
  • “the voluntary payment doctrine is an affirmative defense that may not be raised on a motion to dismiss”
  • “There is nothing in the term[] . . . ‘environmental charge’ that implies Defendants will keep the monies collected”
  • \Plaintiff clearly alleges an injury in fact: the payment of fees it seeks to recover with its prayer for the repayment of the fees plus interest.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.