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THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Grafton

No. 2004-231

Frank Van Der Stok

v.

Wayne Van Voorhees

Argued: October 20, 2004

Opinion Issued: January 24, 2005

Whittington Law Associates, PLLC, of Hanover (W.E. Whittington on the brief and orally), for the plaintiff.

Clauson & Atwood, of Hanover (K. William Clauson on the brief and orally), for the defendant.

Nadeau, J. The plaintiff, Frank Van Der Stok, appeals the Trial Court