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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 Charles Doe 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 ___________________________ Merrimack No. 2009-919 BIRCH BROADCASTING, INC. & a. v. CAPITOL BROADCASTING CORPORATION, INC. & a. Argued: October 14, 2010 Opinion Issued: November 24, 2010 Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (Mark D. Attorri on the brief and orally), and Patton Boggs LLP, of Washington, D.C. (Stephen D

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