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MAKELA v. STATE

No. 1231.

205 A.2d 813 (1964)

Edward MAKELA and Lillian Makela v. STATE of Vermont.

Supreme Court of Vermont. Windsor.

December 17, 1964.

Attorney(s) appearing for the Case

Parker & Ainsworth, Springfield, for plaintiffs.

Keith E. King, Montpelier, for the State.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

SHANGRAW, Justice.

Acting under 12 V.S.A. § 2386 the defendant seeks the answer to two questions of law certified by the Windsor County Court. The questions arise from the court's denial of the defendant's motion to dismiss the plaintiffs' action. The motion to dismiss is based on two grounds. (1) The issues raised in the plaintiffs' complaint are res judicata. (2) Defendant, being the sovereign State of Vermont, is immune from suit.

The motion presented...

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