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LILLIE-PUTZ TRUST v. DOWNEAST ENERGY CORP.

No. 2009-821.

8 A.3d 65 (2010)

LILLIE-PUTZ TRUST, Peter E. Simmons, Trustee v. DOWNEAST ENERGY CORPORATION and another.

Supreme Court of New Hampshire.

Opinion Issued: September 22, 2010.

Attorney(s) appearing for the Case

Charles G. Douglas, III , of Concord, and John Anthony Simmons, Sr. , of Hampton, on the brief, and Mr. Douglas orally, for the petitioner.

Nicholas R. Aeschliman , of Portsmouth, by brief and orally, for respondent DownEast Energy Corporation.

Brown, Olson & Gould, P.C., of Concord ( Bryan K. Gould and Philip R. Braley on the brief, and Mr. Gould orally), for respondent Alliance Energy, LLC.

DUGGAN, J.

The petitioner, Lillie-Putz Trust (Trust), appeals two orders of the Superior Court (McHugh, J.) dismissing its writ with prejudice as a sanction for the Trust's refusal to appear for a scheduled mediation and denying its motion for reconsideration. We affirm.

The trial court found or the record supports the following facts. In 1994, the then-owners of a gasoline station in North Hampton leased it to respondent DownEast Energy Corporation...

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