NEW HAMPSHIRE INS. CO. v. DUVALL

No. 7049.

114 N.H. 719 (1974)

NEW HAMPSHIRE INSURANCE COMPANY & a. v. ROBERT M. DUVALL, LABOR COMMISSIONER & a.

Supreme Court of New Hampshire.

November 22, 1974.


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch and Michael G. Gfroerer and E. Donald Dufresne (Mr. Dufresne orally) for the plaintiffs.

Warren B. Rudman, attorney general, and John L. Ahlgren, attorney (Mr. Ahlgren orally), for the defendant commissioner.

Craig & Wenners (Mr. Vincent A. Wenners, Jr., orally) for the intervenor, Manchester Firefighters Association Local 856.


DUNCAN, J.

This proceeding in the nature of a petition for a writ of certiorari is also styled in the alternative as an appeal under RSA ch. 541. The plaintiff insurance companies seek an order temporarily suspending enforcement of an emergency regulation issued by the defendant labor commissioner under RSA 541-A:3 II (Supp. 1973). The regulation purported to implement the provisions of RSA 281:36-b (Supp. 1973) as affected by the "prima facie presumption" enacted...

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