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OPTRX LABORATORIES v. CAVANAUGH

No. 84-520

126 N.H. 255 (1985)

OPTRX LABORATORIES, INC. v. PAUL T. CAVANAUGH, O.D.

Supreme Court of New Hampshire

March 18, 1985

Attorney(s) appearing for the Case

Rinden P.A., of Concord (Richard Y. Uchida on the brief, and Paul A. Rinden orally), for the plaintiff.

Arthur Olson P.A., of Keene (Edward J. Burke on the brief and orally), for the defendant.

MEMORANDUM OPINION

The plaintiff in this collection case appeals an order of default entered by the Superior Court (Gray, J.). We reverse.

The plaintiff had filed requests under Superior Court Rule 54 for admissions, including an admission of the indebtedness claimed. After the defendant had failed to respond within 30 days, the superior court entered an order that the defendant be deemed to have admitted the indebtedness. Before any further proceedings...

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