STATE v. CONSOLIDATED RECYCLING

No. 97-656.

144 N.H. 467 (1999)

THE STATE OF NEW HAMPSHIRE v. CONSOLIDATED RECYCLING, INC. & a.

Supreme Court of New Hampshire.

December 16, 1999.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Geoffrey J. Ransom, assistant attorney general, on the brief and orally), for the State.

Bolton Law Offices, P.A., of Nashua (Steven A. Bolton on the brief and orally), for the defendants.


BROCK, C.J.

The defendants, Consolidated Recycling, Inc. (Consolidated), Debon Sales, and Franklin Darrel Sales, appeal certain decisions of the Superior Court (Dalianis, J.): (1) denying their motion to strike a default; (2) declining to conduct a hearing on relief prior to entering a final order; and (3) assessing a civil penalty where no such penalty had been sought by the State prior to the default. We affirm in part, vacate in part, and remand.

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