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CHALOUX v. CHALOUX OIL CO.

No. 4992.

103 N.H. 539 (1961)

ROLAND A. CHALOUX v. CHALOUX OIL COMPANY & a.

Supreme Court of New Hampshire.

Decided December 27, 1961.

Attorney(s) appearing for the Case

Walter D. Hinkley and Paul Donovan (Mr. Donovan orally), for the plaintiff.

James J. Burns for the defendant National Fire Insurance Company of Hartford.

The defendant Chaloux Oil Company furnished no brief.

BLANDIN, J.

The parties agree that the sole issue before us is whether the plaintiff's petition for modification of his award under RSA 281:40 is barred by the one-year limitation contained therein. The material portions of this statute are as follows:

"Upon application of any party in interest upon the ground of change in the conditions, mistake as to nature or extent of injury or disability, fraud, undue influence...

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