N.H. RETIREMENT SYSTEM v. SUNUNU

No. 84-143.

126 N.H. 104 (1985)

THE NEW HAMPSHIRE RETIREMENT SYSTEM v. JOHN H. SUNUNU & a.

Supreme Court of New Hampshire.

February 15, 1985.


Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A., of Manchester (Alan P. Cleveland on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Bruce E. Mohl and Ronald F. Rodgers, assistant attorneys general, on the brief, and Mr. Mohl orally), for the Governor and Council.

William P. Briggs, of Concord, by brief and orally, for the intervenor State Employees' Association of New Hampshire.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Jack B. Middleton and David M. Howe on the brief, and Mr. Middleton orally), for intervenors National Education Association of New Hampshire & a.

Barto & Gfroerer, of Concord (Michael G. Gfroerer on the brief), by brief for intervenors New Hampshire Police Association & a.

Richard F. Therrien, of Manchester, by brief for intervenor New Hampshire Permanent Firefighters Association.

Brown & Nixon, of Manchester, and Fried, Frank, Harris, Shriver & Jacobson, of New York, New York (David L. Nixon & a. on the brief, and Beverly Ross Campbell orally), for Service Employees International Union, as amicus curiae.


KING, C.J.

The plaintiff, the New Hampshire Retirement System (the System), brought a petition for a declaratory judgment in superior court against John H. Sununu, as Governor of the State of New Hampshire, and five members of the Governor's Council. All parties moved for summary judgment, and the Superior Court (O'Neil, J.) transferred two questions of law to this court: "[W]hether the New Hampshire Retirement System is an agency or department within the executive...

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