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NASSIF REALTY CORP. v. NATIONAL FIRE INS. CO.

No. 5478.

107 N.H. 267 (1966)

NASSIF REALTY CORPORATION v. NATIONAL FIRE INSURANCE COMPANY.

Supreme Court of New Hampshire.

Decided June 30, 1966.

Attorney(s) appearing for the Case

Faulkner, Plaut, Hanna & Zimmerman (Mr. George R. Hanna orally), for the plaintiff.

Wyman, Bean & Tefft and Francis B. McCaffrey (Mr. McCaffrey orally), for the defendant.

KENISON, C. J.

The questions presented in this case are (1) the validity of Rule 5 of the Superior Court which provides that a jury trial is waived unless a timely request is made therefore; and (2) whether the Trial Court's denial of the plaintiff's motion to place the case on the jury list was erroneous. Superior Court Rule 5, effective August 31, 1963 (RSA 491 App R 5 (supp)) reads as follows: "A party desiring a trial by jury shall, if

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