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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Hillsborough-northern judicial district
No. 97-393
KEVIN COLLINS & a.
v.
CITY OF MANCHESTER
July 2, 1999
Hall, Hess, Kenison, Stewart, Murphy & Brown, P.A., of Manchester (Francis G. Murphy, Jr. on the brief and orally), for the plaintiffs.
McDonough & O'Shaughnessy, P.A., of Manchester (Robert J. Meagher on the brief and orally), for the defendant.
MEMORANDUM OPINION
JOHNSON, J. The plaintiffs, thirty-three police officers, appeal a decision of the Superior Court (Abramson, J.) granting a motion to dismiss for lack of jurisdiction filed by the defendant, the City of Manchester (city). We reverse and remand.
The plaintiffs alleged the following facts. Each plaintiff entered into a "Three Year Training Agreement" (training agreement), which each plaintiff executed to join the city's police department. Each training agreement provided that the city would pay "a wage during and subsequent to training as specified in [a city employee pay scale]," including step increases. The city refused to pay these step increases after the collective bargaining agreement (CBA) between the city and the police union expired on June 30, 1994. The plaintiffs contend that expiration of the CBA does not affect the city's obligation to pay the wage increase as provided under the training agreement. The plaintiffs filed suit in superior court, alleging, inter alia, breach of contract and violation of 42 U.S.C.