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TRAVELERS INDEM. CO. v. WALLIS

No. 02-360.

845 A.2d 316 (2003)

2003 VT 103

TRAVELERS INDEMNITY CO. v. R. Tasha WALLIS, Commissioner and Department of Labor and Industry.

Supreme Court of Vermont.

Motion for Reargument and/or Clarification Denied January 12, 2004.

Attorney(s) appearing for the Case

Andrew W. Goodger and Stephen D. Ellis of Kiel Ellis & Boxer, Springfield, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, and William H. Rice, Assistant Attorney General, Montpelier, for Defendants-Appellees.

Craig A. Jarvis of Biggam, Fox & Skinner, Montpelier, for Amicus Curiae Vermont Labor Council, AFL-CIO.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. Plaintiff Travelers Indemnity Co. appeals from a decision of the Washington Superior Court dismissing its suit against the Department of Labor and Industry and its Commissioner for lack of subject matter jurisdiction. In its suit, Travelers sought to challenge certain Department practices in issuing interim orders of benefits under 21 V.S.A. § 662(b), and asserted that the statute is constitutionally deficient on its face. Construing the...

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