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EBY v. STATE

No. 2013-035.

96 A.3d 942 (2014)

David P. EBY & a. v. The STATE of New Hampshire.

Supreme Court of New Hampshire.

Opinion Issued: June 13, 2014.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, PA, of Manchester (Thomas Quarles, Jr. and Joshua M. Wyatt on the brief, and Mr. Wyatt orally), for the petitioners.

Joseph A. Foster, attorney general (Laura E.B. Lombardi, assistant attorney general, on the brief and orally), for the State.

LYNN, J.

The petitioners, David P. Eby and Leonard Willey, appeal orders of the Superior Court (McNamara, J.): (1) granting summary judgment in favor of the State; (2) denying the petitioners' motions for summary judgment; and (3) dismissing the petitioners' remaining claims in their putative class action challenge to the constitutionality of the state's tax on gambling winnings, RSA 77:38-:50 (Supp.2009) (amended 2010...

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