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IN RE A.G.

No. 87-572.

559 A.2d 656 (1989)

In re Judicial Review of A.G.

Supreme Court of Vermont.

Motion for Reargument Denied February 16, 1989.

Attorney(s) appearing for the Case

Shirley Markland, Vermont Developmental Disabilities Law Project, Rutland, for plaintiff-appellee.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Joseph L. Winn, Asst. Atty. Gen., Brandon, for defendant-appellant.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.

GIBSON, Justice.

This cause of action was brought in superior court by appellee, A.G., on July 10, 1987. The Department of Mental Health moved to dismiss, alleging lack of subject matter jurisdiction under V.R.C.P. 12(b)(1) and lack of a justiciable issue under V.R.C. P. 12(b)(6). Both motions were denied by the court on July 29, 1987. The Department then moved for permission to take an interlocutory appeal pursuant to V.R.A.P. 5(b), which motion was denied December...

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