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EBY v. STATE

No. 2013-035.

96 A.3d 942 (2014)

David P. EBY & a. v. The STATE of New Hampshire.

Supreme Court of New Hampshire.

Opinion Issued: June 13, 2014.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, PA, of Manchester ( Thomas Quarles, Jr. and Joshua M. Wyatt on the brief, and Mr. Wyatt orally), for the petitioners.

Joseph A. Foster , attorney general ( Laura E.B. Lombardi , assistant attorney general, on the brief and orally), for the State.

LYNN, J.

The petitioners, David P. Eby and Leonard Willey, appeal orders of the Superior Court (McNamara, J.): (1) granting summary judgment in favor of the State; (2) denying the petitioners' motions for summary judgment; and (3) dismissing the petitioners' remaining claims in their putative class action challenge to the constitutionality of the state's tax on gambling winnings, RSA 77:38-:50 (Supp.2009) (amended 2010...

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