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HARTFORD ACCIDENT & INDEM. CO. v. DUVALL

No. 6399

113 N.H. 28 (1973)

HARTFORD ACCIDENT & INDEMNITY CO. AND AMERICAN MUTUAL LIABILITY INSURANCE CO. v. ROBERT M. DUVALL, LABOR COMMISSIONER

Supreme Court of New Hampshire.

January 31, 1973

Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls and Eugene M. Van Loan III (Mr. Charles J. Dunn orally) for the plaintiffs.

Warren B. Rudman, attorney general, and Richard F. Therrien, attorney (Mr. Therrien orally), for the defendant.

DUNCAN, J.

By this petition for declaratory judgment, two carriers of workmen's compensation insurance seek a determination that RSA 281:37 II (Supp. 1972) which was inserted in the Workmen's Compensation Law by Laws 1971, 539:8, is unconstitutional as applied by the labor commissioner to claims for compensation arising both before and after the effective date of the amendment. In particular it is alleged that imposition of the statutory penalty upon an employer for...

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