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CLAREMONT SCHOOL DIST. v. GOVERNOR

No. 97-001.

142 N.H. 737 (1998)

CLAREMONT SCHOOL DISTRICT & a. v. GOVERNOR & a. (motion to vacate)

Supreme Court of New Hampshire.

May 8, 1998.

Attorney(s) appearing for the Case

Alfano & Baroff, of Manchester (Paul J. Alfano on the motion to vacate), for John M. Root.

Kenneth D. Murphy, of Concord, on the motion to join and concur in the motion to vacate, for Joseph L. Delahunty.

Stein, Volinsky & Callaghan, PA., of Concord (Andru H. Volinsky on the objection to the motion to vacate), for the plaintiffs.

Philip T. McLaughlin, attorney general (Anne M. Edwards, assistant attorney general, on the response to the motion to vacate), for the State.

HORTON, J.

John M. Root, a member of the defendant board of education, moved to vacate the decision in Claremont School District v. Governor, 142 N.H. 462, 703 A.2d 1353 (1997) (Claremont II), on the grounds that Justice Batchelder's participation violated Part I, Article 35 and Part II, Article 78 of the New Hampshire Constitution and RSA 490:3 (1997). Defendant Joseph L. Delahunty, president of the New Hampshire Senate...

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