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OPINION OF THE JUSTICES

No. 91-157.

134 N.H. 266 (1991)

OPINION OF THE JUSTICES.

Supreme Court of New Hampshire.

May 28, 1991.

Attorney(s) appearing for the Case

New Hampshire Municipal Association (H. Bernard Waugh, Jr., on the memorandum), filed a memorandum in support of negative answers.

Abramson, Reis & Brown, of Manchester (Jill A. DeMello), filed a memorandum in support of affirmative answers.

The following Resolution No. 6, requesting an opinion of the justices, was adopted by the Senate on April 16, 1991, and filed with the Supreme Court on April 18, 1991:

"Whereas, there is pending in the senate, SB 151-FN, `An act to protect municipalities against liability in the construction and maintenance of highways, streets and sidewalks'; and

"Whereas, an amendment has been proposed to SB 151-FN; and

"Whereas, RSA 231:90 as proposed by SB 151...

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