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WELLS v. MALLOY

No. 502, Docket 74-2067.

510 F.2d 74 (1975)

Jerome J. WELLS et al., Appellants, v. James E. MALLOY, Commissioner of Motor Vehicles of the State of Vermont, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 23, 1975.

Attorney(s) appearing for the Case

Roger E. Kohn, Hinesburg, Vt. (Vermont Legal Aid, Inc., and Michael J. Hertz, Springfield, Vt., of counsel), for appellants.

Richard M. Finn, Asst. Atty. Gen., State of Vermont, for appellee.

Before LUMBARD, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal raises a novel question concerning the scope of 28 U.S.C. § 1341. This provides:

The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.

The action was brought in the District Court for Vermont. Plaintiff Wells claimed...

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