GIROUARD v. HOGAN

No. 345-76.

378 A.2d 105 (1977)

Roy GIROUARD v. Cornelius HOGAN, Commissioner, Department of Corrections.

Supreme Court of Vermont.

September 16, 1977.


Attorney(s) appearing for the Case

James L. Morse, Defender Gen., and Charles S. Martin, Appellate Defender, Montpelier, for plaintiff.

M. Jerome Diamond, Atty. Gen. and Peter B. Brittin and Robert L. Orleck, Asst. Attys. Gen., Montpelier, for defendant.

Before BARNEY, C. J., DALEY, LARROW and BILLINGS, JJ., and SMITH, J. (Ret.), specially assigned.


BARNEY, Chief Justice.

This is an appeal based on the granting of a motion to dismiss alleging a failure to state a cause of action entitling the plaintiff to the relief sought. He had brought a declaratory judgment, coupled with a request for injunctive relief, seeking to reverse a projected transfer of him as a prisoner from the Vermont correctional system to an out-of-state federal facility.

The plaintiff, Roy Girouard, is presently serving a life sentence...

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