DEERE & CO. v. STATE

Nos. 2014-0315, 2014-0441, 2014-0575.

130 A.3d 1197 (2015)

DEERE & COMPANY & a. v. The STATE of New Hampshire, Kubota Tractor Corporation. v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire.

Supreme Court of New Hampshire.

Opinion Issued: December 29, 2015.


Attorney(s) appearing for the Case

Nixon Peabody LLP, of Manchester ( Kevin M. Fitzgerald , Gordon J. MacDonald , and Anthony J. Galdieri on the brief, and Mr. MacDonald orally), for petitioners Deere & Company, CNH America LLC, and AGCO Corporation.

CullenCollimore, pllc, of Nashua ( Brian J.S. Cullen and Shelagh C.N. Michaud on the brief, and Mr. Cullen orally), for petitioner Kubota Tractor Corporation.

McLane Middleton , Professional Association, of Manchester ( Michael A. Delaney on the brief), and Thompson Hine LLP, of Cleveland, Ohio ( Thomas J. Collin and Jennifer S. Roach on the brief, and Mr. Collin orally), for petitioner Husqvarna Professional Products, Inc.

Joseph A. Foster , attorney general ( Francis C. Fredericks , assistant attorney general, on the brief and orally), for the respondent, the State of New Hampshire.

Holmes Law Offices PLLC, of Concord ( Gregory A. Holmes on the brief and orally), for the intervenor, Frost Farm Service, Inc.

Douglas, Leonard & Garvey, P.C., of Concord ( Jason R.L. Major and Charles G. Douglas, III on the brief), for Association of Equipment Manufacturers, as amicus curiae.

Upton & Hatfield, LLP, of Portsmouth ( Russell F. Hilliard on the brief), for Northeast Equipment Dealers Association, and Peter J. McNamara , of Concord, by brief, for New Hampshire Automobile Dealers Association, as amici curiae.

Kelly Law PLLC, of Nashua ( James D. Kelly on the brief), and Kelley Drye and Warren, of Washington, D.C. ( William Guerry and Shaun Gehan on the brief), for Outdoor Power Equipment Institute, as amicus curiae.


In these consolidated appeals, the petitioners, Deere & Company (Deere), CNH America LLC (CNH), AGCO Corporation (AGCO), Kubota Tractor Corporation (Kubota), and Husqvarna Professional Products, Inc. (Husqvarna), appeal orders of the Superior Court (Smukler, J.) granting summary judgment to the respondent, the State of...

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