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MIAMI SUBS CORP. v. MURRAY FAMILY TRUST AND KENNETH DASH PARTNERSHIP

No. 95-607.

142 N.H. 501 (1997)

MIAMI SUBS CORPORATION v. MURRAY FAMILY TRUST AND KENNETH DASH PARTNERSHIP

Supreme Court of New Hampshire.

December 30, 1997.

Attorney(s) appearing for the Case

Sheehan Phinney Bass + Green, P.A., of Manchester (Robert R. Lucic on the brief), and Hogan & Hartson, L.L.P., of Washington, D.C. (John F. Dienelt on the brief and orally), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert E. Murphy, Jr. and David C. Dunn on the brief, and Mr. Murphy orally), for Murray Family Trust.

BROCK, C.J.

The plaintiff, Miami Subs Corporation (Miami Subs), appeals an order of the Superior Court (Barry, J.) finding that Miami Subs: (1) breached a joint venture agreement between the Murray Family Trust and Kenneth Dash Partnership and itself; (2) breached its fiduciary duty to Murray Family Trust (MFT); and (3) is liable to MFT for damages totaling $241,000 plus attorney's fees and costs. MFT cross-appeals on numerous issues and challenges the Superior...

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