IN RE PETITION OF SMITH

No. 220-72.

298 A.2d 823 (1972)

In re Petition of Frederick P. SMITH.

Supreme Court of Vermont, Chittenden.

December 27, 1972.


Attorney(s) appearing for the Case

Ewing & Spokes, Burlington, for plaintiff.

McNamara, Fitzpatrick & Sylvester, Burlington, for defendant.

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


PER CURIAM.

The order resulting from a recount proceeding involving the senatorial seats in Chittenden-Grand Isle senatorial district is challenged here. The device used is denominated a notice of appeal. Since the statute involved, 17 V.S.A. § 1362, specifically denies a "right of other recount, review or appeal", this notice was met by a motion to dismiss.

The issue is urgent, and a matter of public concern, aside from the interests of the candidates...

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