DURHAM v. DURHAM

No. 2004-340.

151 N.H. 757 (2005)

ROLAND DURHAM v. GARY DURHAM & a.

Supreme Court of New Hampshire

Opinion Issued: February 24, 2005


Attorney(s) appearing for the Case

Whittington Law Associates, PLLC, of Hanover (W. E. Whittington, IV on the brief and orally), for the plaintiff.

DesMeules, Olmstead & Ostler, of Norwich, Vermont (Tim A. Clark on the brief), for the defendant.


DUGGAN, J.

The plaintiff, Roland Durham, appeals an order of the Superior Court (Houran, J.) dismissing his petition for failure to state a claim and for lack of standing to sue. We affirm in part, vacate in part and remand.

The plaintiff's petition alleged the following facts. The plaintiff and the three defendants, Gary Durham, Martha Styer and Peter Durham, are the sole shareholders of Sunset Ranch Camp, Inc., a New Hampshire corporation. The plaintiff...

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