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TACONIC RACING & B. ASS'N v. VERMONT DEPT. OF PUB. SAF.

No. 34-71.

296 A.2d 257 (1972)

TACONIC RACING & BREEDING ASSOCIATION, INC. v. VERMONT DEPARTMENT OF PUBLIC SAFETY.

Supreme Court of Vermont, Bennington.

October 3, 1972.

Attorney(s) appearing for the Case

Conley & Foote, Middlebury, for plaintiff.

James M. Jeffords, Atty. Gen., and Richard M. Finn, Asst. Atty. Gen., for defendant.

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

KEYSER, Justice.

This is an action brought by the appellee, Taconic Racing & Breeding Association, Inc., under the declaratory judgment act, 12 V.S.A. §§ 4711-4712. The primary question raised by the defendant's appeal is the interpretation of 31 V.S.A. § 620 relating to police protection at the race track.

Section 620 provides as follows:

"Every licensee shall maintain adequate police protection as may be determined by the commissioner...

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