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APPEAL OF MESERVE

No. 79-156.

120 N.H. 461 (1980)

APPEAL OF ROBERT W. MESERVE & a. (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

June 25, 1980.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Gary E. Hicks orally), for the plaintiff.

Cleveland, Waters & Bass, of Concord (Howard J. Zibel orally), for the defendant.

BROCK, J.

This is an appeal under RSA 541:6 from a decision of the Public Utilities Commission (PUC) granting defendant's petition for a private rail crossing under RSA 373:1, :33, and requiring the plaintiffs, trustees of Boston & Maine Corporation, to construct the crossing at the railroad's expense.

The defendant, Crystal Laundry, owns a parcel of land in Manchester which it proposes to develop for a commercial use, including the construction and operation...

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