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APPEAL OF STATE OF N.H.

No. 2000-344.

147 N.H. 426 (2002)

APPEAL OF THE STATE OF NEW HAMPSHIRE (New Hampshire Transportation Appeals Board)

Supreme Court of New Hampshire.

Opinion Issued: February 8, 2002.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Bruce J. Marshall, attorney, on the brief and orally), for the State.

Verrill & Dana, LLP, of Portland, Maine (Jeffrey A. Meyers on the brief and orally), for the respondent.

BRODERICK, J.

The State appeals from a decision of the New Hampshire Transportation Appeals Board (board) awarding the respondent, H.E. Sargent, Inc. (Sargent), compensation for the disposal of certain surplus excavation material associated with the construction of Route 101. We reverse.

The record supports the following facts. Sargent was the successful bidder on a contract to construct a portion of Route 101 and, in April 1996, executed a contract for the...

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