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PETITION OF GOVERNOR AND EXECUTIVE COUNCIL

No. 2003-827

151 N.H. 1 (2004)

PETITION OF THE GOVERNOR AND EXECUTIVE COUNCIL

Supreme Court of New Hampshire

Opinion Issued: April 28, 2004

Attorney(s) appearing for the Case

Brown, Olson & Wilson, P.C., of Concord (Bryan K. Gould and Philip R. Braley on the brief, and Mr. Gould orally), for the petitioners.

Peter W. Heed, attorney general (Wynn E. Arnold, senior assistant attorney general, on the brief and orally), for the State.

Tober Law Offices, P.A., of Portsmouth for the Honorable John T. Broderick, Jr., Med no brief.

Richard J. Lehman, senate legal counsel, and Betsy B. Miller, house legal counsel, by brief for the President of the New Hampshire Senate and the Speaker of the New Hampshire House of Representatives, as amici curiae.

PER CURIAM.

On December 24, 2003, the petitioners, Craig Benson as Governor of the State of New Hampshire, and the Executive Council of the State of New Hampshire, petitioned this court pursuant to Supreme Court Rule 11 to exercise original jurisdiction and rule that RSA 490:1, as amended by Chapter 50:1, Laws 2001, is unconstitutional. The Office of the Attorney General appeared in opposition. The President of the New Hampshire Senate and the Speaker of the New Hampshire...

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