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JAFFREY v. HEFFERNAN

No. 5157.

105 N.H. 167 (1963)

JAFFREY v. MICHAEL A. HEFFERNAN & a.

Supreme Court of New Hampshire.

Decided December 3, 1963.

Attorney(s) appearing for the Case

William D. Tribble and David J. KillKelley (Mr. Tribble orally), for the plaintiff.

Maurice M. Blodgett (by brief and orally), for the defendants Heffernan.

Kenneth A. Brighton and Richard R. Fernald (Mr. Fernald orally), for Ginsburg, Wheeler and Lundberg, as amici curiae.

DUNCAN, J.

In support of their motion for judgment notwithstanding the decree, the defendants rely upon Mayor v. Smyth, 64 N.H. 380 which they assert is controlling and founded upon established principles of equity. See also, Ventnor City v. Fulmer, 92 N. J. Eq. 478, aff'd 93 N. J. Eq. 660; Annot. 91 A. L. R. 315, 322. In Mayor v. Smyth, supra, 383, the court dismissed a bill in equity seeking to enjoin violation of...

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