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STATE v. CITY OF DOVER

No. 2005-552

153 N.H. 181 (2006)

THE STATE OF NEW HAMPSHIRE v. CITY OF DOVER & a.

Supreme Court of New Hampshire.

Opinion Issued: January 18, 2006.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Maureen D. Smith, senior assistant attorney general, on the brief and orally), for the State.

Watson & Lemire, P.A., of Portsmouth (Thomas R. Watson and Jennifer A. Lemire on the brief, and Mr. Watson orally), for the defendants.

DUGGAN, J.

The defendants, the Cities of Dover and Portsmouth (cities), appeal a decision by the Superior Court (Fitzgerald, J.) that suits filed by the cities against certain manufacturers, suppliers and distributors of methyl tertiary butyl ether (MTBE) must yield to suits filed by the State of New Hampshire against MTBE manufacturers, suppliers and distributors. We affirm.

The record reflects the following stipulated facts. MTBE was first added to...

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