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ERG, INC. v. BARNES

No. 91-577.

137 N.H. 186 (1993)

ERG, INC. v. THEODORE BARNES & a. ERG, INC. v. CARL SCHMELZER.

Supreme Court of New Hampshire.

May 11, 1993.

Attorney(s) appearing for the Case

Stanton E. Tefft, of Bedford, and Bouchard & Mallory, of Manchester (Mr. Tefft and Kenneth G. Bouchard on the brief, and Mr. Tefft orally), for the plaintiff.

Nelson, Kinder, Mosseau & Gordon, PC, of Manchester (Martha V. Gordon on the brief and orally), for defendants Theodore Barnes & a.

Ford, Ford & Weaver, of Portsmouth (Debra Weiss Ford on the brief and orally), for defendant Carl Schmelzer.

BROCK, C.J.

The plaintiff, ERG, Inc. (ERG), appeals from an order of the Hillsborough County Superior Court (Dalianis, J.) dismissing the writs in these cases based on collateral estoppel. We affirm in part and reverse in part.

These actions stem from prior litigation between defendant Carl Schmelzer and ERG over a broker commission. Defendants Theodore Barnes and the law firm of Barnes, Bender & Chynoweth...

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