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SHIRLEY v. NEW HAMPSHIRE WATER POLLUTION COMMISSION

No. 4512.

100 N.H. 294 (1956)

LAWRENCE W. SHIRLEY & a. v. NEW HAMPSHIRE WATER POLLUTION COMMISSION & a.

Supreme Court of New Hampshire.

Decided July 6, 1956.

Attorney(s) appearing for the Case

Sheehan, Phinney & Bass (Mr. Phinney orally), for the plaintiffs.

Louis C. Wyman, Attorney General, and Arthur E. Bean, Jr., Assistant Attorney General (Mr. Bean orally), for the defendants.

DUNCAN, J.

So far as this action is against the State, it may not be maintained because the State has not consented thereto. Rothrock v. Loon Island, 96 N.H. 421, 422, and cases cited; Wiseman v. State, 98 N.H. 393. Since it is claimed however, that the Water Pollution Commission is acting pursuant to an invalid statute, and the plaintiffs allege that in consequence they will be required...

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