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JUDICIAL RETIREMENT PLAN v. SEC. OF STATE

No. 2009-621.

7 A.3d 1166 (2010)

BOARD OF TRUSTEES OF the NEW HAMPSHIRE JUDICIAL RETIREMENT PLAN and another v. SECRETARY OF STATE.

Supreme Court of New Hampshire.

Opinion Issued: October 27, 2010.

Attorney(s) appearing for the Case

Douglas, Leonard & Garvey, P.C., of Concord ( Charles G. Douglas, III on the brief) and David M. Howe , of Concord, by brief, for the plaintiff.

Michael A. Delaney , attorney general ( Richard W. Head , associate attorney general, on the brief and orally), for the defendant.

Getman, Schulthess & Steere, P.A., of Bedford ( Andrew R. Schulman on the brief and orally), for the intervenor, New Hampshire Retirement System.

DUGGAN, J.

The defendant, the Secretary of State (State), appeals an order of the Superior Court (Nicolosi, J.) enjoining the enforcement of the Sudan Divestment Act. We reverse and remand.

The record reflects the following facts. The plaintiff, New Hampshire Judicial Retirement Plan (Judicial Plan), and the intervenor, New Hampshire Retirement System (NHRS) (retirement systems, collectively), are "defined pension...

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