BROOKS v. TRUSTEES OF DARTMOUTH COLLEGE

No. 2010-179.

20 A.3d 890 (2011)

161 N.H. 685

B.V. BROOKS and another v. TRUSTEES OF DARTMOUTH COLLEGE.

Supreme Court of New Hampshire.

Opinion Issued: April 12, 2011.


Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester ( Eugene M. Van Loan, III and Stephen J. Judge on the brief, and Mr. Van Loan orally), for the petitioners.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester ( Bruce Felmly on the brief), and Sullivan & Cromwell LLP, of New York, New York ( Richard C. Pepperman, II on the brief and orally), for the respondents.

Upton & Hatfield, LLP, of Portsmouth ( Russell F. Hilliard on the brief), for the Association of Alumni of Dartmouth College, as amicus curiae.

Zalkind, Rodriguez, Lunt & Duncan LLP, of Boston, Massachusetts ( Harvey Silverglate and Ruth O'Meara-Costello on the brief), and Bernstein, Shur, Sawyer & Nelson, P.A., of Manchester ( Andru H. Volinsky on the brief), for Professor Todd J. Zywicki , as amicus curiae.


DALIANIS, C.J.

The petitioners, seven Dartmouth College alumni and members of the Association of Alumni of Dartmouth College (Association), appeal the order of the Superior Court (Vaughan, J.) granting summary judgment to the respondents, the Trustees of Dartmouth College (Trustees), on the petitioners' petition for declaratory and equitable relief. The petitioners argue that the trial court erroneously ruled that some...

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