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BECKER v. SELECTMEN OF TOWN OF BENNINGTON

No. 201.

178 A.2d 399 (1962)

Franklin BECKER v. SELECTMEN OF the TOWN OF BENNINGTON.

Supreme Court of Vermont. Bennington.

February 23, 1962.

Attorney(s) appearing for the Case

Jones, Ehrich & Dollard, Bennington (John H. Williams, II, and R. Marshall Witten, Bennington, of counsel), for plaintiff.

Norton Barber, Bennington, for defendant.

Before HULBURD, C. J., and SHANGRAW, BARNEY and SMITH, JJ.

SHANGRAW, Justice.

This is a petition for a declaratory judgment brought pursuant to the provisions of 12 V.S.A. § 4712. The purpose of the action is to determine the legality of a consolidation of two road districts as voted at the Bennington town meeting held in March of 1961, and, also whether the plaintiff, Franklin Becker, was duly elected as a road commissioner of the town at that meeting for District No. 1.

The parties submitted the case upon an...

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