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STATE v. ELEMENTIS CHEM.

No. 2004-627.

152 N.H. 794 (2005)

THE STATE OF NEW HAMPSHIRE v. ELEMENTIS CHEMICAL, INC.

Supreme Court of New Hampshire.

Opinion Issued: December 9, 2005.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Richard W. Head, senior assistant attorney general, on the brief and orally), for the State.

Wiggin & Nourie, P.A., of Manchester (Gregory E. Michael and Gregory Holmes on the brief); J. Steve Barnett, of Hightstown, New Jersey, on the brief; and Morgan, Lewis & Bockius, LLP, of Philadelphia, Pennsylvania (John McAleese, III, on the brief and orally), for the defendant.

DUGGAN, J.

The plaintiff, the State of New Hampshire, appeals an order by the Superior Court (Hampsey, J.) dismissing the State's petition for civil forfeiture against the defendant, Elementis Chemical, Inc. (Elementis). We reverse and remand.

The following facts were adduced at trial. Elementis is in the business of distributing commercial chemical products such as acetone, hydrochloric acid, muriatic acid, chromic acid, glacial acetic acid, potassium...

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