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MILLER v. STATE OF VERMONT

Civ. A. No. 3318.

201 F.Supp. 930 (1962)

Freeman M. MILLER, Administrator of the Estate of Clesson Stewart, v. STATE OF VERMONT and Michael J. Griffin.

United States District Court D. Vermont.

January 11, 1962.

Attorney(s) appearing for the Case

Finn & Davis, Barre, Vt., for plaintiff.

Thomas M. Debevoise, for State of Vermont.

Ryan, Smith & Carbine, Rutland, Vt., for defendant Michael J. Griffin.

GIBSON, District Judge.

This is an action brought by a citizen of the State of Florida for recovery of damages suffered as a result of the claimed negligence of the Defendants. The Defendant, State of Vermont, has moved for the dismissal of the suit on the ground that it falls within the prohibition of the 11th Amendment of the Constitution of the United States. The Plaintiff argues that the State of Vermont should not be dismissed as a Defendant because:

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