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CHRONIAK v. GOLDEN INVESTMENT CORP.

No. 89-477.

133 N.H. 346 (1990)

PAULINE CHRONIAK & a. v. GOLDEN INVESTMENT CORPORATION & a.

Supreme Court of New Hampshire.

July 9, 1990.

Attorney(s) appearing for the Case

Wright & Cherry, of Henniker (Peter S. Wright, Jr., on the brief and orally), for the plaintiffs.

Kenna and Johnston, of Manchester (Richard F. Johnston on the brief and orally), for the defendants.

BROCK, C.J.

The United States Court of Appeals for the First Circuit (Breyer, C.J.) has certified to us the following questions of law, see SUP. CT. R. 34, concerning two loans made by the defendants, Golden Investment Corporation and its president, Armand Roberts, to the plaintiffs, Thomas Pugliese and his aunt Pauline Chroniak:

"1. Does RSA 398-A:3 apply to persons who, like defendants, are lenders but are not `in the business of second mortgage...

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