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MINER v. DISTRICT COURT OF VERMONT, ETC.

No. 72-77.

392 A.2d 390 (1978)

Herbert MINER v. DISTRICT COURT OF VERMONT, UNIT NO. 6, WINDSOR CIRCUIT, James E. Malloy, Commissioner of Motor Vehicles, and State of Vermont.

Supreme Court of Vermont.

September 11, 1978.

Attorney(s) appearing for the Case

James L. Morse, Defender Gen., Charles S. Martin, Appellate Defender, Montpelier, and William A. Nelson, Montpelier, on the brief, for plaintiff.

Michael J. Sheehan, Windsor County State's Atty., and William J. Donahue, Deputy State's Atty., White River Junction, for defendant State.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

HILL, Justice.

This is an appeal by the State from the order of the Windsor Superior Court vacating an order of the District Court of Vermont, Unit No. 6, Windsor Circuit suspending the petitioner's license to operate a motor vehicle. The State contends that the superior court had no jurisdiction to review the proceedings of the district court, but, if it had jurisdiction, the relief should have been denied.

The facts of the case are as follows. The petitioner...

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