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PAUL v. SHERBURNE

No. 2005-326.

153 N.H. 747 (2006)

RIC PAUL v. FRANKLIN C. SHERBURNE

Supreme Court of New Hampshire.

Opinion Issued: July 21, 2006.

Attorney(s) appearing for the Case

Wiggin & Nourie, P.A., of Manchester (Peter E. Hutchins on the brief and orally), for the plaintiff.

McLaughlin Law Office, P.C., of Laconia (Philip T. McLaughlin on the brief and orally), for the defendant.

GALWAY, J.

The plaintiff, Ric Paul, appeals a decision of the Milford District Court (Crocker, J.) dismissing his small claim action for malicious prosecution against the defendant, Franklin C. Sherburne. We reverse and remand.

The undisputed facts are as follows. In early February 2002, Sherburne brought a civil stalking petition against Paul in the Rochester District Court. See RSA 633:3-a, III-a (Supp. 2005). The District Court (Jones,...

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