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HUMAN RIGHTS COM'N v. BEN. AND PRO. ORDER

No. 01-495.

839 A.2d 576 (2003)

2003 VT 104

HUMAN RIGHTS COMMISSION, Waltraud Keiley, Marilyn McMillan, Jane Thibodeau and Mayleen Ventura v. BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES of America and B.P.O.E., Hartford, Vermont, Lodge No. 1541

Supreme Court of Vermont.

November 7, 2003.

Attorney(s) appearing for the Case

Matthew I. Katz, J.

Robert Appel, Executive Director, Vermont Human Rights Commission, Montpelier, and Edwin L. Hobson, Burlington, for Plaintiffs-Appellants.

Norman E. Watts, Woodstock, for Defendant-Appellee Benevolent and Protective Order of the Elks, Hartford, Vermont.

Robert Reis and Matthew Anderson of Webber, Reis, Holler & Urso, LLP, Rutland, and Elizabeth A. Knight of Knight, Hoppe, Fanning & Kurnik, LLC, Des Plains, Illinois, for Defendant-Appellee Benevolent and Protective Order of the Elks of United States.

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

AMESTOY, C.J.

¶ 1. This appeal arises out of the Washington Superior Court's summary judgment dismissal of plaintiffs' claim that defendants, Benevolent and Protective Order of Elks of the United States of America ("National Elks") and Benevolent and Protective Order of Elks, Hartford, Vermont, Lodge 1541 ("Hartford Lodge"), discriminated against them on the basis of sex in violation of 9 V.S.A. § 4502(a) when plaintiffs' applications for membership in the...

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