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PICKERING v. FRINK

No. 82-238

123 N.H. 326 (1983)

WALTER H. PICKERING, JR. v. HAROLD R. FRINK & a.

Supreme Court of New Hampshire.

May 9, 1983.

Attorney(s) appearing for the Case

Tybursky & Watson, of Portsmouth (Stephen J. Tybursky and Thomas R. Watson on the brief, and Mr. Watson, orally), for the plaintiff.

Shaines, Madrigan & McEachern P.A., of Portsmouth, and Flynn, McGuirk & Blanchard, of Portsmouth (Paul McEachern and Anthony S. Hartnett on the brief, and Mr. McEachern and Raymond P. Blanchard orally), for the defendants.

KING, C.J.

The sole issue presented by this appeal is whether the act of the defendants, thirteen citizens of Newington, in signing a petition charging the plaintiff, Walter H. Pickering, Jr., Newington's fire chief, with misconduct and seeking his removal, was absolutely privileged and therefore required the dismissal of the plaintiff's libel action. We reverse the order of dismissal and remand.

The plaintiff was a member of the Newington Volunteer Fire Department...

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