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MOORE v. GILBERT

No. 186-73.

321 A.2d 13 (1974)

Beverly MOORE et al. v. William A. GILBERT, Chairman of the Public Service Board, et al.

Supreme Court of Vermont, Washington.

March 29, 1974.

Attorney(s) appearing for the Case

Mary Just Skinner, Vermont Legal Aid, Inc., Montpelier, and Thomas L. Hayes, Burlington, for plaintiffs.

Averill Laundon, Gen. Counsel, and Robert A. Mello, Sp. Counsel, Montpelier, for Public Service Bd.

Ryan, Smith & Carbine and Donald L. Rushford, Rutland, for electric companies.

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

BARNEY, Justice.

This is a declaratory judgment action brought under the provisions of 3 V.S.A. § 807. Support for this proceeding is also claimed under 12 V.S.A. § 4711 and V.R. C.P. 57 and 65. After the matter was heard, the lower court concluded General Order No. 55, relating to the purchase power and fuel adjustment clause, was invalid. Following this decision, the prevailing plaintiffs moved that an injunction issue restraining any implementation of...

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