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APPEAL OF COMM. TO SAVE THE UPPER ANDROSCOGGIN

No. 82-413. No. 82-561.

124 N.H. 17 (1983)

APPEAL OF COMMITTEE TO SAVE THE UPPER ANDROSCOGGIN & a. (New Hampshire Water Resources Board). SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS & a. v. NEW HAMPSHIRE WATER RESOURCES BOARD & a.

Supreme Court of New Hampshire.

October 4, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Edward L. Cross, Jr., assistant attorney general, on the brief and orally), for the New Hampshire Water Resources Board.

McLane, Graf, Raulerson & Middleton P.A., of Manchester, and Peter S. Wright, Jr., of Henniker (Bruce W. Felmly and Mr. Wright on the brief, and Mr. Felmly orally), for the Committee To Save the Upper Androscoggin and for Jeffrey Lathrop & a., plaintiffs.

Gallagher, Callahan & Gartrell P.A., of Concord (Steven J. McAuliffe on the brief and orally), for the defendant Androscoggin Electric Corporation.

BROCK, J.

In this appeal from an order of the New Hampshire Water Resources Board, and interlocutory transfer from the Superior Court (Pappagianis, J.), herein consolidated for decision, we decide issues arising out of a proposal to construct a hydroelectric generating facility (the "Pontook project") on the Androscoggin River in the northern part of this State.

The parties have been before this court previously. In Appeal of Lathrop,

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