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GEPHART v. DAIGNEAULT

No. 92-237.

137 N.H. 166 (1993)

MARGARET T. GEPHART v. THOMAS W. AND SALLY M. DAIGNEAULT.

Supreme Court of New Hampshire.

April 28, 1993.

Attorney(s) appearing for the Case

Nighswander, Martin & Mitchell, P.A., of Laconia (Mitchell B. Jean on the brief and orally), for the plaintiff.

Law Offices of Kevin F. Sullivan, P.A., of Meredith (Kevin F. Sullivan on the brief and orally), for the defendants.

JOHNSON, J.

The plaintiff, Margaret T. Gephart, appeals the decision of the Superior Court (McHugh, J.) denying her request for an injunction to enforce as an equitable servitude a restrictive covenant relating to the subdivision of the defendants' lakefront property. The defendants, Thomas and Sally Daigneault, cross-appeal, contending that the Superior Court (O'Neil, J.) erred in denying their motion to dismiss Gephart's case on the basis of collateral...

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