STATE v. McCANN

No. 87-131.

541 A.2d 75 (1987)

STATE of Vermont v. Harold G. McCANN.

Supreme Court of Vermont.

December 24, 1987.


Attorney(s) appearing for the Case

Kurt M. Hughes, Chittenden County Deputy State's Atty., Burlington, for plaintiff-appellant.

William A. Nelson, Montpelier, for defendant-appellee.

Robert B. Hemley and Van Z. Krikorian of Gravel and Shea, Burlington, for amicus curiae General Electric.

Before ALLEN, C.J., PECK and DOOLEY, JJ., BARNEY, C.J. (Ret.) and COSTELLO, District Judge (Ret.), Specially Assigned.


DOOLEY, Justice.

This Court granted permission to appeal to the State under V.R.A.P. 5(b)(1) by order dated April 9, 1987. The defendant-appellee has moved pursuant to V.R.A.P. 5(b)(3) to dismiss this interlocutory appeal as improvidently granted.

As a preliminary matter, we must address the State's argument that dismissal of the appeal in the Supreme Court is not an available remedy under V.R.A.P. 5(b)(3) where the trial court has denied permission to appeal...

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