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DAYE v. STATE

No. 99-133.

769 A.2d 630 (2000)

Kathleen DAYE, Barry Kade, Fredd Lee, Nicholas Bania, Darla Lawton and Vermont CURE v. STATE of Vermont and John Gorczyk, Commissioner, Department of Corrections.

Supreme Court of Vermont.

December 29, 2000.

Attorney(s) appearing for the Case

James A. Dumont of Keiner & Dumont PC, Middlebury, for Plaintiffs-Appellants.

Marie J. Salem, Assistant Attorney General, Waterbury, for Defendants-Appellees.

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier, for Amicus Curiae Office of Defender General.

Present: DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and SUNTAG, D.J., Specially Assigned.

JOHNSON, Justice.

Plaintiffs Vermont CURE and four of its members appeal from a superior court judgment dismissing their complaint against defendants the State of Vermont and John Gorczyk, Commissioner of the Vermont Department of Corrections. Plaintiffs contend: (1) the transfer of Vermont inmates to out-of-state correctional facilities violates the Interstate Corrections Compact, 28 V.S.A. §§ 1601-1621, and exceeds...

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