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DAVID v. WHITAKER

No. 7391.

116 N.H. 266 (1976)

ROLAND L. DAVID D.B.A. DAVID'S FISH MARKET v. ROBERT H. WHITAKER, COMMISSIONER, N.H. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Supreme Court of New Hampshire.

April 30, 1976.

Attorney(s) appearing for the Case

Alfred Catalfo, Jr., and Daniel M. Cappiello (Mr. Cappiello orally) for the plaintiff.

David H. Souter, attorney general, and John C. Boeckeler, assistant attorney general (Mr. Boeckeler orally), for the State.

KENISON, C.J.

Appeal under RSA ch. 541 from a decision of the associate commissioner of the department of public works and highways finding that the plaintiff's van-type truck constitutes an "advertising device" within the meaning of RSA 249-A:2 I (Supp. 1975), and requiring the plaintiff to remove the truck from an area adjacent to the Spaulding Turnpike. The removal order was entered pursuant to RSA 249-A:9 (Supp. 1975), following a hearing before the associate...

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