REARDON v. LEMOYNE

No. 82-183.

122 N.H. 1042 (1982)

SISTER HONORA J. REARDON & a. v. BROTHER ROGER LEMOYNE & a.

Supreme Court of New Hampshire.

December 23, 1982.


Attorney(s) appearing for the Case

Shaines, Madrigan & McEachern P.A., of Portsmouth (John H. McEachern, Dan W. Thornhill, and Alice K. Page on the brief, and Mr. McEachern orally), for the plaintiffs.

Burns, Bryant, Hinchey, Cox & Shea, of Dover, and Ouellette, Hallisey, Dibble & Tanguay, of Dover (James H. Schulte and Dennis L. Hallisey on the brief, and Mr. Schulte orally), for the defendants.


BOIS, J.

These are cross-appeals from a Superior Court (Nadeau, J.) decision granting a motion to dismiss declaratory judgment proceedings against three of the defendants, and denying the motion as to the remaining defendants, for whom the trial court rendered a favorable ruling on the merits. We hold that the trial court erred in dismissing two of the parties defendant and in failing to hold a hearing with respect to the plaintiffs' rights against the defendants...

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