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WILBUR v. UNIVERSITY OF VERMONT AND STATE AGRIC. COL.

No. 139.

247 A.2d 897 (1968)

Martha C. WILBUR and James B. Wilbur, III v. The UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COLLEGE.

Supreme Court of Vermont. Bennington.

October 24, 1968.

Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, for plaintiff.

Latham & Eastman, Burlington, Black & Plante, White River Junction, for defendant appellant; Joseph F. Radigan, U.S. Dist. Atty., David V. Seaman, Dept. of Justice, for the United States.

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

HOLDEN, Chief Justice.

This appeal by the defendant was passed to this Court before final judgment, under 12 V.S.A. § 2386. The question of law sought to be reviewed arises from the lower court's denial of the defendant's motion to dismiss the plaintiffs' complaint to the court of chancery. The plaintiffs request us to reject the interlocutory review for two reasons. The first ground advanced is that permission to appeal...

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