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MASTERSON v. STATE

No. 173-79.

423 A.2d 845 (1980)

Milo J. and Irene M. MASTERSON v. STATE of Vermont, Vermont Department of Aeronautics, Charles R. Miel, Commissioner, Dustaire, Inc. and Alphonse Quesnel.

Supreme Court of Vermont.

November 5, 1980.

Attorney(s) appearing for the Case

Gerard Trudeau, Middlebury, for plaintiffs.

Robert H. Moyer of Conley & Foote, Middlebury, for defendant Quesnel.

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

PER CURIAM.

This is an appeal based on jury selection. The facts are not in controversy, being agreed to. The plaintiffs claim that their right to exercise the six peremptory challenges allowed by 12 V.S.A. § 1941 was denied them by the trial court. The plaintiffs urge, on the basis of this single contention, that they should be given a new trial. A motion for a new trial was denied below.

The jury drawing proceeded...

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