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WAITE v. SYLVESTER

No. 87-383.

131 N.H. 663 (1989)

ALVIS J. WAITE, ON BEHALF OF BRETTON WOODS ACQUISITION COMPANY AND MT. WASHINGTON MANAGEMENT COMPANY, INC. v. JOHN E. SYLVESTER, JR. JOHN E. SYLVESTER, JR. v. BRETTON WOODS ACQUISITION COMPANY JOHN E. SYLVESTER, JR. v. MT. WASHINGTON MANAGEMENT COMPANY, INC.

Supreme Court of New Hampshire.

June 13, 1989.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A., of Portsmouth (Michael C. Harvell and Daniel P. Schwarz on the brief, and Mr. Harvell orally), for the plaintiff Alvis J. Waite, on behalf of Bretton Woods Acquisition Company and Mt. Washington Management Company, Inc.

Devine, Millimet, Stahl & Branch P.A., of Manchester (E. Donald Dufresne and Martha V. Gordon on the brief, and Mr Dufresne orally), for the defendant John E. Sylvester, Jr.

BROCK, C.J.

Cross-appeals from the decision of the Superior Court (Manias, J.) present five issues arising from disputes among the partners of the Bretton Woods Acquisition Company (BWAC), a Georgia limited partnership: (1) whether removal of John E. Sylvester, Jr., the defendant, as co-managing partner of BWAC violated either the partnership agreement or implied covenants of good faith and fair dealing; (2) whether the defendant was entitled to the managing...

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