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LIBERCENT v. ALDRICH

No. 84-301.

539 A.2d 981 (1987)

Paul A. LIBERCENT, Jr. v. Frank E. ALDRICH, et al.

Supreme Court of Vermont.

Reargument Denied December 16, 1987.

Attorney(s) appearing for the Case

M. Jerome Diamond, Kenneth A. Clarke, and Matthew I. Levine, Law Clerk, on the brief, of Diamond & Associates, P.C., Montpelier, for plaintiff-appellee

John J. Easton, Jr., Atty. Gen., Thomas R. Viall and John K. Dunleavy, Asst. Attys. Gen., and Fiona Farrell, Law Clerk, on the brief, Montpelier, for defendants-appellants.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

PECK, Justice.

Defendants, employees of the State of Vermont, bring this interlocutory appeal from the trial court's denial of their motion to dismiss a negligence action brought by a fellow state employee.

The questions certified for appeal by the lower court are as follows:

1. Whether a state employee who was injured performing his duties as a state employee who received workers' compensation can maintain an action against a fellow state employee...

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