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LAROCHE, ADM'R v. DOE

No. 90-044.

134 N.H. 562 (1991)

ROBERT LAROCHE, ADMINISTRATOR OF THE ESTATE OF MARK LAROCHE v. JANE DOE AND THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

July 31, 1991.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Gary B. Richardson and Gilbert Upton on the brief, and Mr. Richardson orally), for the plaintiff.

John P. Arnold, attorney general (Daniel J. Mullen, assistant attorney general, on the brief, and Douglas N. Jones, assistant attorney general, orally), for the State.

HORTON, J.

Two questions are presented in this appeal from a final order of the Superior Court (Manias, J.) dismissing the plaintiff's wrongful death action: (1) whether the State of New Hampshire waived its sovereign immunity by filing a general appearance and by failing to raise its sovereign immunity in a timely fashion; and (2) whether the court erred in dismissing the action against an unidentified defendant,...

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