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STONE v. PHILBROOK

No. 51, Docket 75-7066.

528 F.2d 1084 (1975)

Joseph STONE, Intervening Plaintiff-Appellee, v. Paul PHILBROOK, Individually and as Commissioner of the Vermont Department of Social Welfare, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 3, 1975.

Attorney(s) appearing for the Case

Dean B. Pineles, Asst. Atty. Gen., State of Vermont, Montpelier, Vt., for defendant-appellant.

Stephen W. Kimbell, Burlington, Vt., for plaintiff-appellee.

Before FRIENDLY, MANSFIELD and TIMBERS, Circuit Judges.

FRIENDLY, Circuit Judge:

This is an appeal by the Commissioner of the Vermont Department of Social Welfare from an order of the District Court for Vermont granting intervening plaintiff's motion for class action designation and also for summary judgment to the extent of declaring that Vermont was bound to give a trial-type hearing and to continue payments pending the outcome of the hearing before denying a reapplication of those who had received General Assistance...

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