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MORGENROTH & ASSOC'S, INC. v. TOWN OF TILTON

No. 80-313.

121 N.H. 511 (1981)

MORGENROTH & ASSOCIATES, INC. v. TOWN OF TILTON MORGENROTH & ASSOCIATES, INC. v. TOWN OF NORTHFIELD & a. MORGENROTH & ASSOCIATES, INC. v. STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

June 12, 1981.

Attorney(s) appearing for the Case

Stanton E. Tefft, of Bedford (Daniel J. Harkinson on the brief and orally), for Morgenroth & Associates, Inc.

James D. O'Neill, of Laconia, by brief and orally, for the Town of Tilton.

Falardeau, Mahan & Franks, of Tilton (George J. Falardeau on the brief), waived oral argument for the Town of Northfield.

Gregory H. Smith, attorney general (E. Tupper Kinder, assistant attorney general, on the brief and orally), for the State.

DOUGLAS, J.

The plaintiff, Morgenroth & Associates, Inc., seeks to recover from the defendants, the Towns of Tilton and Northfield and the State of New Hampshire, the cost of preparing engineering plans for the construction of sewerage systems in those towns. The Superior Court (Batchelder, J.) granted the defendants' motions to dismiss for lack of jurisdiction under RSA 491:8 because the pleadings failed to allege an express or implied in fact contract...

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