BROUILLARD v. GOVERNOR AND COUNCIL

No. 6912.

114 N.H. 541 (1974)

RICHARD P. BROUILLARD & a. v. THE GOVERNOR AND COUNCIL & a.

Supreme Court of New Hampshire.

July 31, 1974.


Attorney(s) appearing for the Case

McLane, Graf, Greene & Brown and Charles A. DeGrandpre and Richard S. Snierson (Mr. DeGrandpre orally) for the plaintiffs.

Warren B. Rudman, attorney general, and David H. Souter, deputy attorney general, and Richard V. Weibusch and Michael P. Bentley, attorneys (Mr. Souter orally), for the defendants.

Charles G. Douglas III, special counsel, by brief and orally, for the Governor.

Richard F. Upton, special counsel, by brief and orally, for James H. Hayes, Robert E. Whalen, Bernard A. Streeter, Jr., Lyle E. Hersom and John F. Bridges, Executive Councilors.


GRIFFITH, J.

This is a petition for a writ of mandamus arising from the continuing conflict between the Advisory Commission of the Department of Health and Welfare and the Governor and Council concerning the appointment of a commissioner of health and welfare. RSA 126-A:4 (Supp. 1973) provides that the commissioner of health and welfare "shall be appointed by the governor and council from two or more nominees or, if agreeable to the governor, a lesser number of candidates...

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