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LEVINSKY v. STATE

No. 84-393.

503 A.2d 534 (1985)

Bruce J. LEVINSKY, et al. v. STATE of Vermont.

Supreme Court of Vermont.

Reargument Denied December 20, 1985.

Attorney(s) appearing for the Case

Richard E. Davis and Edwin W. Free, Jr., of Richard E. Davis Associates, Inc., Barre, for plaintiffs-appellants.

Jeffrey L. Amestoy, Atty. Gen., and William Griffin, Chief Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before ALLEN, C.J., HILL, GIBSON and HAYES, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

PER CURIAM.

Plaintiff, Bruce J. Levinsky, brought an action denominated "action for declaratory judgment." The action was dismissed because "the appropriate avenue for relief in this matter was through the use of Rule 60(b), rather than through a petition for declaratory judgment." This dismissal was appealed to this Court and returned for a rehearing before a properly constituted court. 144 Vt. 649, 475 A.2d 242. An order granting...

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