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PANTO v. MOORE BUSINESS FORMS, INC.

No. 87-197.

130 N.H. 730 (1988)

ANTHONY T. PANTO v. MOORE BUSINESS FORMS, INC.

Supreme Court of New Hampshire.

August 5, 1988.

Attorney(s) appearing for the Case

Kathleen Laude Kerr, of Concord, and Richard M. Howland P.C., of Amherst, Massachusetts (Richard M. Howland & a. on the brief, and Mr. Howland orally), for the plaintiff.

Shaines & McEachern, of Portsmouth, and Goldstein & Manello, of Boston, Massachusetts (Michael R. Brown & a. on the brief, and Mr. Brown orally), for the defendant.

SOUTER, J.

The United States District Court for the District of New Hampshire (Devine, C.J.) has certified the following questions, as amended, for our consideration under Supreme Court Rule 34:

"1. Does plaintiff's amended complaint (1) state a cause of action recognizable under New Hampshire law; (2) which may be maintained despite the factual stipulation that the `expressed written policy agreement,' as alleged in the

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