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RAL AUTOMOTIVE GROUP v. EDWARDS

No. 2003-771

151 N.H. 497 (2004)

RAL AUTOMOTIVE GROUP, INC. v. JAY C. EDWARDS & a.

Supreme Court of New Hampshire

Opinion Issued: November 30, 2004

Attorney(s) appearing for the Case

Sakellarios & Associates, of Manchester (Jean-Claude Sakellarios on the brief and orally), for the plaintiff.

Shaines & McEachern. P.A., of Portsmouth (Robert A. Shaines and Alec L. McEachern on the brief, and Mr. Shaines orally), for defendant Jay C. Edwards.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Ralph F. Holmes and John K. Hatch on the brief), for R. Anthony Laughrey, as amicus curiae.

Gerard J. Boyle, of Plymouth, for defendants Minato Auto, LLC and James Boyle, filed no brief.

NADEAU, J.

Defendant Jay C. Edwards appeals the Superior Court's (McHugh, J.) order denying his motion to compel the plaintiff, RAL Automotive Group, Inc. (RAL), to post an irrevocable letter of credit pursuant to both a court-approved settlement agreement between the parties and a subsequent court order. We vacate and remand.

The record reveals the following facts. Edwards owns real property in Portsmouth that he has leased to RAL for operation of...

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