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CHESLEY v. HARVEY INDUSTRIES, INC.

No. 2007-682.

949 A.2d 728 (2008)

Elmer E. CHESLEY v. HARVEY INDUSTRIES, INC.

Supreme Court of New Hampshire.

Opinion Issued: April 22, 2008.

Attorney(s) appearing for the Case

Joseph Kelly Levasseur, of Manchester, on the brief, for the plaintiff.

Bouchard, Kleinman & Wright, P.A., of Hampton (Kenneth G. Bouchard on the brief), for the defendant.

DUGGAN, J.

The plaintiff, Elmer E. Chesley, appeals a decision of the Superior Court (McGuire, J.) dismissing his civil action against the defendant, Harvey Industries, Inc., for failure to file within the three-year statute of limitations. See RSA 508:4 (1997). We reverse and remand.

Because this case was decided on a motion to dismiss, we assume the facts alleged in the plaintiff's writ to be true. See Donnelly v. Eastman,

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