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TRAFICANTE v. POPE

No. 6969.

115 N.H. 356 (1975)

SAM J. TRAFICANTE & a. v. DAVID A. POPE & a.

Supreme Court of New Hampshire.

June 30, 1975.

Attorney(s) appearing for the Case

Sanders, McDermott & Kearns (Mr. Wilfred L. Sanders, Jr., orally) for the plaintiffs.

Shute, Engel & Frasier (Mr. Francis J. Frasier orally) for the defendants.

KENISON, C.J.

The issue to be resolved by this appeal is whether plaintiffs who own property on the east side of Ocean Boulevard in Seabrook, New Hampshire, may enforce certain restrictions limiting the use of the defendants' property to residential purposes only so as to prevent the defendants from operating an ice cream and food business on the west side of Ocean Boulevard. Mullavey, J., reserved and transferred plaintiffs' exception to the dismissal of their...

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