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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
Rockingham
No. 2003-238
ALFRED L. ARCIDI, JR.
v.
TOWN OF RYE
Argued: February 5, 2004
Opinion Issued: April 5, 2004
Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (E. Tupper Kinder on the brief and orally), for the plaintiff.
Michael L. Donovan, of Concord, by brief and orally, for the defendant.
Duggan, J. This case involves a dispute over the defendant Town of Rye

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