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BOSTON & MAINE R. R. v. STATE

No. 4107.

97 N.H. 380 (1952)

BOSTON AND MAINE RAILROAD & a. v. STATE & a.

Supreme Court of New Hampshire.

June 23, 1952.

Attorney(s) appearing for the Case

Orr & Reno and Eugene Struckhoff (Mr. Struckhoff orally), for the petitioners, Boston and Maine Railroad and Boston and Maine Transportation Company. Robert J. Fletcher (of Massachusetts), and John F. Meck also appeared of counsel.

Gordon M. Tiffany, Attorney General, Henry Dowst, Jr., Assistant Attorney General, and John N. Nassikas, Assistant Attorney General (Mr. Nassikas orally), for the State.

Kenneth F. Shaw and Sheehan, Phinney & Bass (Mr. William S. Green orally), for the town of Newport.

Jarlath M. Slattery, for the town of Sunapee.

BLANDIN, J.

We believe these cases must be remanded because of errors made by the Commission in calculating the net profit received from the Claremont Branch operations of the petitioning railroad in the years 1949 and 1950. As a result of evidence introduced at the hearings, the Commission decided that the direct freight revenue derived from the branch in the year 1949 was $31,265. By deducting this revenue from the total system freight revenue from the branch of...

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