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LINLEE ENTERPRISES, INC. v. STATE

No. 81-459.

122 N.H. 455 (1982)

LINLEE ENTERPRISES, INC. d/b/a JOE'S EQUIPMENT SERVICE AND DOVER ENERGY, INC. v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

May 17, 1982.

Attorney(s) appearing for the Case

Perkins, Upshall & Robinson P.A., of Concord (Kenneth L. Robinson, Jr., and Harold W. Perkins on the brief, and Mr. Robinson orally), for the plaintiff.

Gregory H. Smith, attorney general (Jeffrey R. Howard, attorney, on the brief and orally), for the State of New Hampshire.

KING, C.J.

The plaintiff, Linlee Enterprises, Inc. d/b/a Joe's Equipment Service and Dover Energy, Inc., filed an action for declaratory judgment after the defendants, the State of New Hampshire and Raymond T. Dewhurst, the State fire marshal, required it to refrain from selling unvented space heaters for any use. The plaintiff sought a ruling that RSA 158:28 (Supp. 1981) is unconstitutionally vague or, alternatively, that the statute prohibits the sale of...

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