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LEARY v. MCSWINEY

No. 4827.

103 N.H. 85 (1960)

CLARA C. LEARY & a. v. FRANCIS B. McSWINEY, Adjutant General & a.

Supreme Court of New Hampshire.

Decided November 30, 1960.

Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and G. Marshall Abbey (Mr. Brown orally), for the plaintiffs.

Louis C. Wyman, Attorney General and William J. O'Neil, Assistant Attorney General (Mr. O'Neil orally), for the defendants.

KENISON, C. J.

The major issue in this case is whether RSA 110-A:77 I (supp) permits a nonresident owner of property located in Massachusetts to recover from the State of New Hampshire damages caused by the alleged negligence of the Air National Guard of the State of New Hampshire. The plaintiffs contend that the statute construed as a whole is primarily a venue statute and does not restrict the remedy to residents of this state or persons injured in this state. Defendants...

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