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BEAUREGARD v. CITY OF ST. ALBANS

No. 431-81.

450 A.2d 1148 (1982)

Stanley BEAUREGARD v. CITY OF ST. ALBANS, Bellows Free Academy and Martin L. Wennar.

Supreme Court of Vermont.

September 7, 1982.

Attorney(s) appearing for the Case

Susan F. Eaton of Langrock Sperry Parker & Stahl, Middlebury, for plaintiff-appellee.

Harold C. Sylvester and Michael S. Brow of Sylvester & Maley, Burlington, for defendants-appellants.

Farrar & Counos, St. Albans, for defendant-cross appellee City of St. Albans.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

BILLINGS, Justice.

In this action brought pursuant to 42 U.S.C. § 1983, plaintiff claimed he was unconstitutionally denied a position on the Board of Trustees of the Bellows Free Academy (Board) because of his religious preference. The trial court ruled for the plaintiff and defendants appeal.

In 1876 Hiram Bellows by will bequeathed to the Town of St. Albans (Town) land and stock for the purpose of erecting an academy building. Subsequently he executed...

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