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WELCH v. DISTRICT COURT OF VERMONT

Civ. A. No. 78-221.

461 F.Supp. 592 (1978)

Gene L. WELCH, Petitioner, v. DISTRICT COURT OF VERMONT, Unit # 5, Washington County, Respondent.

United States District Court, D. Vermont.

November 30, 1978.

Attorney(s) appearing for the Case

William A. Nelson, Montpelier, Vt., for petitioner.

Richard A. Unger, Spec. Asst. Atty. Gen., Appellate Unit, Montpelier, Vt., for respondent.

MEMORANDUM OF DECISION

HOLDEN, Chief Judge.

At three o'clock on the morning of October 3, 1976, a Barre, Vermont, patrolman noticed a pickup truck traveling down a Barre street without a functioning right rear taillight. The patrolman stopped the truck to inform the driver that the light was defective. When the driver appeared surprised at this information, the patrolman asked him to step out to see for himself. According to the patrolman's testimony at...

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