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NEW ENGLAND DRAGWAY v. M-O-H ENTERS.

No. 2001-712.

149 N.H. 188 (2003)

NEW ENGLAND DRAGWAY, INC. v. M-O-H ENTERPRISES, INC.

Supreme Court of New Hampshire.

Opinion Issued: February 28, 2003.

Attorney(s) appearing for the Case

Ford & Weaver, P.A., of Portsmouth (Mark F. Weaver on the brief and orally), for the plaintiff.

Mark F. Sullivan, of Exeter, by brief and orally, for the defendant.

Philip T. McLaughlin, attorney general (Suzanne M. Gorman, senior assistant attorney general, on the brief), for the State as amicus curiae.

NADEAU, J.

The defendant, M-O-H Enterprises, Inc. (MOH), appeals an order by the Superior Court (Abramson, J.) enjoining MOH from pursuing offers to purchase the stock of New England Dragway, Inc. (Dragway) until MOH complies with RSA chapter 421-A (1998), the Security Takeover Disclosure Act (Act). We affirm.

The record supports the following facts. MOH is a corporation owned and operated by Mark 0. Hildonen. In early August 2001, MOH sent a flyer...

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