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NOBLE v. OFFICE OF CHILD SUPPORT

No. 97-322.

721 A.2d 121 (1998)

Deborah NOBLE v. OFFICE OF CHILD SUPPORT.

Supreme Court of Vermont.

October 2, 1998.

Attorney(s) appearing for the Case

Marc D. Eagle, East Montpelier, for Plaintiffs-Appellees.

William H. Sorrell, Attorney General, Montpelier, and Donelle Smith Staley and Christopher L. White, Assistant Attorneys General, Waterbury, for Defendant-Appellant.

Present: MORSE, J., KATZ, Superior Judge, CASHMAN, District Judge, ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.

MORSE, J.

Plaintiff Deborah Noble filed this action against the State of Vermont Office of Child Support Services, alleging that OCS had negligently failed to comply with its statutory duty to assist her and her children in enforcing a child support order. OCS moved for summary judgment on the basis of sovereign immunity. The superior court denied the motion, and subsequently denied OCS's request for permission to file an interlocutory appeal under V.R.A.P. 5(b)....

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