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APPEAL OF CITY OF MANCHESTER

No. 81-148.

121 N.H. 1079 (1981)

APPEAL OF THE CITY OF MANCHESTER (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

December 8, 1981.

Attorney(s) appearing for the Case

Elmer T. Bourque, city solicitor (Charles W. Flower, Jr., assistant city solicitor, on the brief and orally), for the City of Manchester.

Gregory H. Smith, attorney general (Peter C. Scott, assistant attorney general, on the brief), by brief for the Public Utilities Commission.

Gallagher, Callahan & Gartrell, of Concord (John B. Pendleton on the brief and orally), for the Boston & Maine Corporation.

PER CURIAM.

As a result of a double fatality at the West Mitchell Street crossing of the Boston & Maine Railroad tracks in Manchester on December 15, 1980, the public utilities commission (commission) conducted a hearing on January 2, 1981, to determine whether additional crossing protective devices were warranted. The hearing was prompted by a public statement made by the Mayor of the City of Manchester, followed by...

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