BROWN v. STATE

No. 12-337.

88 A.3d 402 (2013)

2013 VT 112

Daniel BROWN, v. STATE of Vermont.

Supreme Court of Vermont.

December 13, 2013.


Attorney(s) appearing for the Case

James G. Levins of Tepper Dardeck Levins & Gatos, LLP, Rutland, for Plaintiff-Appellant.

William H. Sorrell , Attorney General, and Jonathan T. Rose and David R. Groff , Assistant Attorneys General, Montpelier, for Defendant-Appellee.

Present: DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ., and CARROLL, Supr. J., Specially Assigned.


BURGESS, J.

¶ 1. Plaintiff Daniel Brown appeals from a superior court decision granting summary judgment in favor of the State on plaintiff's claim of employment discrimination in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4311. He contends that summary judgment was improper because genuine material issues of fact remained as to whether his membership in the Vermont National Guard was a motivating factor...

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