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CATAMOUNT CONST., INC. v. TOWN OF MILFORD

No. 80-349.

121 N.H. 781 (1981)

CATAMOUNT CONSTRUCTION, INC. v. TOWN OF MILFORD.

Supreme Court of New Hampshire.

September 16, 1981.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester, and Snyder, Tepper & Berlin, of Boston, Massachusetts (Gary Ellis Hicks & a. on the brief and Mr. Hicks orally), for the plaintiff.

Patrick J. Enright, of Milford, by brief and orally, for the defendant.

BROCK, J.

In this petition for declaratory judgment (RSA 491:22) the plaintiff, Catamount Construction, Inc., seeks a judicial determination of its obligations under a construction contract with the defendant, Town of Milford. Specifically, the issue is which party must reimburse the Boston & Maine Railroad for the cost of a railroad crossing associated with the construction of a wastewater treatment plant being built by the plaintiff. The Superior Court (Goode...

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