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OPINION OF THE JUSTICES

No. 4755.

102 N.H. 123 (1959)

OPINION OF THE JUSTICES.

Supreme Court of New Hampshire.

Answer returned June 2, 1959.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General and Elmer T. Bourque, Assistant Attorney General, for the State of New Hampshire, in favor of negative answer.

Upton, Sanders & Upton for New Hampshire Education Association, also in favor of negative answer.

H. Thornton Lorimer and G. Wells Anderson, for State Employees' Retirement System, also in favor of negative answer.

The following resolution was adopted by the Governor and Council on May 15, 1959:

"WHEREAS it has become necessary to borrow upon the credit of the State in order to provide funds for the payment of accrued liability contributions of the State under the teachers' retirement system as established by RSA 192; and

"WHEREAS under RSA 192:18 the State Treasurer under direction of the Governor and Council is authorized...

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