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N.H. MUNIC. TRUST WORKERS' COMP. FUND v. FLYNN, COMM'R

No. 89-069.

133 N.H. 17 (1990)

NEW HAMPSHIRE MUNICIPAL TRUST WORKERS' COMPENSATION FUND & a. v. RICHARD M. FLYNN, COMMISSIONER OF NEW HAMPSHIRE DEPARTMENT OF LABOR

Supreme Court of New Hampshire.

April 11, 1990.

Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch P.A., of Manchester (Richard E. Galway and Stephen J. Schulthess on the brief, and Mr. Galway orally), for the plaintiffs.

John P. Arnold, attorney general (Emily Gray Rice, assistant attorney general, and David S. Peck, assistant attorney general, on the brief, and Ms. Rice orally), for the defendant.

H. Bernard Waugh, Jr., of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

BATCHELDER, J.

The defendant, the Commissioner of the State Department of Labor, appeals from a ruling by the Superior Court (Morrill, J.) on the plaintiff's petition for declaratory judgment that found RSA 281:2, V-b (Supp. 1988) unconstitutional under part I, article 28-a of the New Hampshire Constitution. On appeal, the defendant claims that RSA 281:2, V-b (Supp. 1988) (hereinafter referred to in its current form at RSA 281-A:17, II (Supp. 1989)) is constitutional...

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