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BOSTON & ME. CORP. v. SPRAGUE ENERGY CORP.

No. 2003-727

151 N.H. 513 (2004)

BOSTON AND MAINE CORPORATION v. SPRAGUE ENERGY CORPORATION

Supreme Court of New Hampshire

Opinion Issued: December 3, 2004

Attorney(s) appearing for the Case

Ransmeier & Spellman Professional Corporation, of Concord (R. Matthew Cairns and John T. Alexander on the brief, and Mr. Alexander orally), for the plaintiff.

Wiggin & Nourie P.A., of Manchester (Thomas J. Pappas and William J. Edwards on the brief, and Mr. Pappas orally), for the defendant.

BRODERICK, C.J.

The plaintiff, Boston and Maine Corporation (B&M), appeals and the defendant, Sprague Energy Corporation (Sprague), cross-appeals an order of the Superior Court (Lewis, J.) concerning B&M's termination of licenses permitting Sprague to utilize pipes crossing over and under B&M's railroad track. B&M argues on appeal that the trial court erred: (1) when it ruled that Sprague's commercial petroleum pipes may constitute "suitable...

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