CONTINENTAL BIOMASS INDUSTRIES v. ENVIRONMENTAL MACHINERY COMPANY

No. 2004-686.

152 N.H. 325 (2005)

CONTINENTAL BIOMASS INDUSTRIES, INC. v. ENVIRONMENTAL MACHINERY COMPANY & a.

Supreme Court of New Hampshire.

Opinion Issued: June 14, 2005.


Attorney(s) appearing for the Case

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

Devine, Millimet & Branch, P.A., of Manchester (Charles R. Powell, III and Elizabeth J. Baker on the brief, and Mr. Powell orally), for defendant FirstMerit Bank, N.A.


DUGGAN, J.

Defendant FirstMerit Bank, N.A. (FirstMerit) appeals an order of the Superior Court (McHugh, J.) denying its motion to dismiss for lack of personal jurisdiction and improper service. We reverse.

In considering FirstMerit's motion to dismiss, the trial court found the following facts. The plaintiff, Continental Biomass Industries, Inc. (CBI), is a New Hampshire corporation engaged in the business of manufacturing, selling and servicing heavy...

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