(dissenting).
I dissent from that part of the opinion which denies the attorneys their fee for the prosecution of the action. It is my opinion that this is precisely the type of situation that KRS 412.070 was designed to cover. We have previously so held, see Webster County Soil Conservation District v. Shelton, Ky., 437 S.W.2d 934, Shelton v. Simpson, Ky., 441 S.W.2d 421.
PALMORE, J., joins in this dissent.