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WHEELER v. STATE OF VERMONT

Civ. A. No. 6227.

335 F.Supp. 856 (1971)

Diane WHEELER b/n/f Margaret Wheeler, and all other persons similarly situated v. STATE OF VERMONT, Department of Employment Security, and Stella B. Hackel, Commissioner of Employment Security.

United States District Court, D. Vermont.

As Modified March 16, 1972.

Attorney(s) appearing for the Case

James J. Cormier, Jr., Vermont Legal Aid, Inc., Rutland, Vt., and John Dooley, III, Vermont Legal Aid, Inc., Burlington, Vt., for plaintiffs.

Raymond S. Fitzpatrick, Vermont Dept. of Employment Security, Montpelier, Vt., for defendants.

Before WATERMAN and OAKES, Circuit Judges, and LEDDY, District Judge.

OAKES, Circuit Judge:

This case presents the question, decided 2-1 against a similarly situated plaintiff in another three-judge court case in the Second Circuit,1 whether a state unemployment compensation agency must conduct a Goldberg v. Kelly2 hearing before terminating an individual's unemployment benefits. Put another way, does the Social Security Act, §...

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