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FOSTER v. TOWN OF HUDSON

No. 81-315.

122 N.H. 150 (1982)

CHARLES E. FOSTER v. TOWN OF HUDSON & a.

Supreme Court of New Hampshire.

February 19, 1982.

Attorney(s) appearing for the Case

Malloy & Sullivan P.A., of Manchester (David L. Broderick and Paul M. Gagnon on the brief, and Mr. Broderick orally), for the plaintiff.

Gottesman and Hollis, of Nashua (Morgan A. Hollis on the brief and orally), for the Town of Hudson.

DOUGLAS, J.

This appeal raises the question of whether a police chief is a public official holding a position of sufficient trust so as to come within the ambit of Silva v. Botsch, 121 N.H. 1041, 437 A.2d 313 (1981), in which we held that certain elected public officials are entitled to reimbursement for attorney's fees under a "public trust" theory.

In May 1981, the plaintiff was fired from his position as appointed...

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