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SMART v. AM. WELDING & TANK CO.

No. 2002-110.

149 N.H. 536 (2003)

JOAN M. SMART, EXECUTRIX UNDER WILL OF JOHN E. SMART & a. v. AMERICAN WELDING AND TANK COMPANY, INC. & a.

Supreme Court of New Hampshire.

Opinion Issued: June 6, 2003.

Attorney(s) appearing for the Case

Lachiatto Law Offices, of Franklin, for the plaintiffs, filed no brief.

Nixon Peabody, L.L.P., of Manchester (W. Scott O'Connell on the brief and orally), for defendant American Welding and Tank Company, Inc.

Martin, Lord & Osman, P.A., of Laconia (David S. Osman and David J. KillKelley on the brief, and Mr. KillKelley orally), for defendant Thom's Transport Company, Inc.

BRODERICK, J.

Defendant American Welding and Tank Company, Inc. (American) appeals from an order of the Superior Court (Burling, J.) denying its motion for summary judgment on the contribution claim of the co-defendant, Thom's Transport Company, Inc. (TTC). We reverse and remand.

Viewing the evidence in the light most favorable to the nonmoving party, the trial court found the following facts. In December 1998...

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