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GILMOUR v. STATE

No. 404-80.

450 A.2d 1153 (1982)

R. Douglas GILMOUR, Russell Pearl, Virgil Besaw, and Philip Blanchard v. STATE of Vermont and Town of Barnet.

Supreme Court of Vermont.

September 7, 1982.

Attorney(s) appearing for the Case

Edwards C. O'Boyle, Jr., St. Johnsbury, for plaintiffs-appellants.

John J. Easton, Jr., Atty. Gen., and Richard M. Finn, Asst. Atty. Gen., Montpelier, for defendant-appellee State of Vt.

Robert G. Cain of Paul, Frank & Collins, Inc., Burlington, for defendant-appellee Town of Barnet.

Before BARNEY, C. J., BILLINGS, HILL and UNDERWOOD, JJ., and LARROW, J. (Ret.), Specially Assigned.

BILLINGS, Justice.

This is an appeal by the plaintiffs from an order of the Caledonia Superior Court dismissing the complaint for damages against the defendant, State of Vermont, and giving summary judgment for the defendant, Town of Barnet.

In 1973 the State instituted condemnation proceedings against certain lands and rights necessary for construction of a portion of Interstate 91 in the Town of Barnet. 19 V.S.A. ch. 5. As part of that action, a strip of...

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