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STATE v. HESS CORP.

No. 2008-899.

982 A.2d 388 (2009)

The STATE of New Hampshire v. HESS CORPORATION and another.

Supreme Court of New Hampshire.

Opinion Issued: August 21, 2009.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Mary Maloney, assistant attorney general, on the brief), Sher Leff, LLP, of San Francisco, California (Victor M. Sher on the brief), and Law Offices of Matthew F. Pawa, P.C., of Newton Centre, Massachusetts (Matthew F. Pawa and Benjamin A. Krass on the brief, and Mr. Pawa orally), for the State.

Hoefle, Phoenix, Gormley & Roberts, P.A., of Portsmouth (Stephen H. Roberts on the brief and orally), and Hunton & Williams LLP, of Richmond, Virginia (Joseph C. Kearfott on the brief), for defendant Flint Hills Resources, LP.

Maggiotto & Belobrow, PLLC, of Concord (Corey Belobrow on the brief and orally), for defendant Western Refining Yorktown, Inc.

BRODERICK, C.J.

This is an interlocutory appeal from an order of the Superior Court (Mangones, J.) granting the motion to dismiss filed by the defendants, Flint Hills Resources LP (Flint Hills) and Western Refining Yorktown, Inc. (Yorktown). See Sup.Ct. R. 8. We affirm in part, reverse in part and remand.

We accept the statement of the case and facts as presented in the interlocutory appeal statement and rely upon the record for additional facts...

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