McKENZIE v. CITY OF BERLIN

No. 99-094.

145 N.H. 467 (2000)

ALVA MCKENZIE & a. v. CITY OF BERLIN & a.

Supreme Court of New Hampshire.

December 5, 2000.


Attorney(s) appearing for the Case

Craig, Wenners & Craig, P.A., of Manchester (Vincent A. Wenners, Jr. and Stephanie Stergiou Ferro on the brief, and Mr. Wenners orally), for the plaintiffs.

Donahue, Tucker & Ciandella, of Exeter (John J. Ratigan and Susan W. Chamberlin on the brief, and Mr. Ratigan orally), for defendant City of Berlin.

Philip T. McLaughlin, attorney general (Suzan M. Lehmann, assistant attorney general), for defendant New Hampshire Retirement System, filed no brief.


DALIANIS, J.

The plaintiffs, twenty-nine employees of defendant City of Berlin (City), challenge part of the injunctive relief granted by the Superior Court (Nadeau, J.). The City cross-appealed the court's grant of declaratory judgment and injunctive relief but at oral argument indicated that it had already implemented the court-ordered relief, making this portion of its cross-appeal moot. We affirm in part and reverse in part.

The parties dispute...

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