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PIKE INDUSTRIES v. HILTZ CONSTRUCTION

No. 95-850.

143 N.H. 1 (1998)

PIKE INDUSTRIES, INC. & a. v. HILTZ CONSTRUCTION, INC.

Supreme Court of New Hampshire.

September 24, 1998.

Attorney(s) appearing for the Case

Sulloway & Hollis, of Concord (Warren C. Nighswander on the brief and orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (Andrew D. Dunn and Julie A. Dascoli on the brief, and Ms. Dascoli orally), for the defendant.

THAYER, J.

This case arises out of an action for contribution brought by the plaintiffs, Liberty Mutual Insurance Co. and Pike Industries, Inc. (Pike), against Hiltz Construction, Inc. (Hiltz) in which the Superior Court (Smukler, J.) ruled in favor of the plaintiffs in the amount of $75,000. Hiltz presents two issues for our review. First, Hiltz argues that the superior court erred by assigning liability based on "theories" allegedly not argued by the plaintiffs...

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