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AIKEN v. MALLOY

No. 93-73.

315 A.2d 488 (1974)

Josephine L. AIKEN et al. v. James E. MALLOY, Commissioner of Motor Vehicles of Vermont.

Supreme Court of Vermont, Windsor.

February 5, 1974.

Attorney(s) appearing for the Case

John A. Dooley, III, Burlington, J. Morris Clark, St. Albans, William M. Dorsch, Vermont Legal Aid, Inc., Bellow Falls, for plaintiffs.

Kimberly B. Cheney, Atty. Gen., and William O. Wuester, Asst. Atty. Gen., for defendant.

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

KEYSER, Justice.

Plaintiff Aiken brought a complaint for a declaratory judgment and injunctive relief relating to the enforcement of 23 V.S. A. § 604 by the commissioner of motor vehicles. The statute authorizes the commissioner to suspend the license of a motor vehicle operator whose poll tax is delinquent. Plaintiff instituted action on behalf of herself and alleged she represented a class of persons similarly situated. There are twenty-two other plaintiffs...

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