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CITY OF BERLIN v. STATE

Nos. 83-161, 83-182.

124 N.H. 627 (1984)

CITY OF BERLIN v. THE STATE OF NEW HAMPSHIRE & a. ANDERSON-NICHOLS & COMPANY, INC. v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

April 2, 1984.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (Stephen J. McAuliffe and Sarah H. Mulhern on the brief, and Mr. McAuliffe orally), for Anderson-Nichols & Company, Inc.

Cleveland, Waters & Bass, of Concord (Michael C. Moyers on the brief, and Deborah A. Monteith, of Hartford, Connecticut, orally), for the City of Berlin.

Gregory H. Smith, attorney general (Edward L. Cross, Jr., assistant attorney general, on the brief and orally), for the State.

PER CURIAM.

The plaintiffs, in separate actions consolidated on appeal, alleged that they either expressly or impliedly entered into a series of contracts with the State and that the State breached these contracts. The State in each case moved to dismiss the plaintiffs' claims for indemnity and breach of contracts as barred by sovereign immunity. The Trial Court (Dunn, J.) granted the motions to dismiss, and the plaintiffs appealed. We reverse in part and affirm...

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