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MILLER v. MALLOY

Civ. A. No. 6530.

343 F.Supp. 46 (1972)

Eddie J. MILLER, Plaintiff, v. James E. MALLOY, Commissioner of Motor Vehicles, Vermont, Defendant.

United States District Court, D. Vermont.

May 22, 1972.

Attorney(s) appearing for the Case

Richard A. Axelrod, Vermont Legal Aid, Inc., St. Johnsbury, Vt., for plaintiff.

H. Russell Morss, Jr., Asst. Atty. Gen., Montpelier, Vt., for defendant.

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

OAKES, Circuit Judge.

This action is brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) to enjoin, principally on equal protection grounds, the defendant Commissioner of Motor Vehicles from enforcing 23 V.S.A. § 801(a) (1) (D),1 which requires a person convicted of operating, taking, using or removing a motor vehicle without the owner's consent to furnish proof of financial...

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