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FOUNDATION FOR SEACOAST HEALTH v. HOSP. CORP.

No. 2012-371.

71 A.3d 736 (2013)

FOUNDATION FOR SEACOAST HEALTH v. HOSPITAL CORPORATION OF AMERICA & a.

Supreme Court of New Hampshire.

Opinion Issued: July 16, 2013.

Attorney(s) appearing for the Case

McDermott Will & Emery LLP, of Boston, Massachusetts (Peter L. Resnick on the brief and orally), Smith Lee Nebenzahl LLP, of Sharon, Massachusetts (Emily E. Smith-Lee on the brief), and Devine, Millimet & Branch P.A., of Manchester (George R. Moore and Joshua M. Wyatt on the brief), for the plaintiff.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Wilbur A. Glahn, III on the brief), and Latham & Watkins LLP, of Washington, D.C. (Everett C. Johnson, Jr. & a. on the brief, and Mr. Johnson orally), for the defendants.

CONBOY, J.

This appeal and cross-appeal are from decisions of the Superior Court (McHugh, J.) on remand after we decided Foundation for Seacoast Health v. HCA Health Services of New Hampshire, 157 N.H. 487, 953 A.2d 420 (2008)(Foundation I). We affirm in part and reverse in part.

This case and Foundation I involve the same parties and relate to a 1983 Asset Purchase Agreement (the Agreement) under...

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