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BADGLEY v. WALTON

No. 08-385.

10 A.3d 469 (2010)

2010 VT 68

George BADGLEY and Ruth Whitney v. A. James WALTON, Jr. (Retired), Kerry L. Sleeper (Retired), Commissioners of Public Safety and Department of Public Safety.

Supreme Court of Vermont.

Motion for Reargument Denied August 20, 2010.

Attorney(s) appearing for the Case

David G. Reid and James M. Rodgers , Brattleboro, for Plaintiffs-Appellants.

William H. Sorrell , Attorney General, and David R. Groff , Assistant Attorney General, Montpelier, for Defendant-Appellee Department of Public Safety.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. Plaintiffs George Badgley and Ruth Whitney appeal the Windham Superior Court's dismissal of their claim that the mandatory retirement of public safety officers violates the Common Benefits Clause of Chapter I, Article 7 of the Vermont Constitution. We affirm.

¶ 2. Plaintiffs are former state troopers who were forced to retire, under 3 V.S.A. § 459(a)(2), when they reached the age of fifty...

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