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KLINE v. BURNS

No. 6051.

111 N.H. 87 (1971)

SAMUEL KLINE & a, d/b/a G. & S. REALTY v. MARTIN R. BURNS. SAME v. Fred Daggett. MARTIN R. BURNS v. SAMUEL KLINE.

Supreme Court of New Hampshire.

April 5, 1971.

Attorney(s) appearing for the Case

Shaines, Madrigan and McEachern and Craig E. Turner (Mr. Turner orally), for Samuel Kline and Gertrude Kline d/b/a G. & S. Realty and Samuel Kline individually.

Boynton, Waldron and Dill and Nicholas R. Aeschliman (Mr. Aeschliman orally), for Martin Burns and Fred Daggett.

John R. Maher and Gerald McGonigle of So. N. H. Legal Services Assn., Inc., as amicus curiae for Martin Burns and Fred Daggett.

LAMPRON, J.

Martin R. Burns, occupying premises at 26 Tanner Court in Portsmouth, instituted an action against Samuel Kline to recover all rent paid during occupancy of the premises on the ground that the rental was in violation of the city housing code. Portsmouth Code of Ordinances (July 1968) ch. 14. Samuel and Gertrude Kline then brought actions for possession under RSA 540:12, 13-14 (supp.) against Burns at 26 Tanner Court and against Fred Daggett at 28 Tanner...

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