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BOSTON & MAINE CORP v. STATE

No. 5783.

109 N.H. 547 (1969)

BOSTON and MAINE CORPORATION v. STATE.

Supreme Court of New Hampshire.

Decided October 31, 1969.

Attorney(s) appearing for the Case

John J. Nee and Chester A. Prior (of Massachusetts) and John N. Nassikas and W. Wright Danenbarger (Mr. Nassikas orally), for the plaintiff railroad.

George S. Pappagianis, Attorney General, and Vincent A. Wenners, Attorney (Mr. Wenners orally), for the State.

DUNCAN, J.

By this appeal under RSA ch. 541 from decision and order No. 9112 of the Public Utilities Commission, the plaintiff seeks to set aside an order authorizing the State to proceed over railroad objection with certain alterations and improvements to a State highway at a railroad underpass in Claremont, and requiring the railroad to bear certain costs incurred by it in connection with the alterations and improvements, to the extent of 50% of such costs or $11...

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