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LACHANCE v. U.S. SMOKELESS TOBACCO CO.

No. 2006-564.

931 A.2d 571 (2007)

James J. LaCHANCE and another v. UNITED STATES SMOKELESS TOBACCO CO. and another.

Supreme Court of New Hampshire.

Opinion Issued: August 24, 2007.

Attorney(s) appearing for the Case

Shaheen & Gordon, of Dover (Christine M. Craig and D. Michael Noonan, on the brief, and Ms. Craig orally), for the plaintiffs.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Bruce W. Felmly and Jennifer L. Parent, on the brief), and Latham & Watkins, LLP, of Washington, DC and Los Angeles, CA (Margaret M. Zwisler and Charles H. Samel, on the brief, and Mr. Samel orally), for the defendants.

DUGGAN, J.

The plaintiffs, James J. LaChance and Chad Crossan, appeal an order of the Superior Court (Fauver, J.), denying their motion for class certification and granting judgment on the pleadings to the defendants, United States Smokeless Tobacco Company, United States Tobacco Sales and Marketing Company, United States Tobacco Manufacturing Company, and UST, Inc. We reverse and remand.

I. Background

The following facts appear in the...

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