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KOCH v. RANDALL

No. 91-245.

136 N.H. 500 (1992)

LARRY KOCH & a. v. HARLAN E. RANDALL TOWN OF WINCHESTER v. HARLAN E. RANDALL & a.

Supreme Court of New Hampshire.

December 23, 1992.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Barton L. Mayer on the brief and orally), for the plaintiff Town of Winchester.

Bradley, Burnett & Kinyon, P.A., of Keene, for Larry Koch & a., filed no brief.

Bouchard & Mallory, P.A., of Manchester (Blake M. Sutton on the brief and orally), for the defendants.

THAYER, J.

The defendants appeal that portion of the Superior Court's (Hollman, J.) order which awarded attorney's fees to the plaintiffs. Harlan Randall was named as a defendant in both equity actions, and Joseph Fostyck was named as a defendant only in the suit by the Town of Winchester. The two cases were consolidated for trial in 1991. We affirm.

Defendant Randall owns land adjacent to plaintiff Larry Koch. Randall's house sits in the northeast...

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