Environamics v. Thelco

D. New Hampshire

Environamics v. Thelco

DecidedDecember 2, 1997

DocketCV-96-068-M

StatusPublished

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Environamics v. Thelco, (D.N.H. 1997).

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Opinion

Environamics v. Thelco CV-96-068-M 12/02/97 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Environamics Corporation

v. Civil No. 96-68-M

Thelco Corporation

O R D E R

Environamics Corporation moves to dismiss Thelco

Corporation's Consumer Protection Act claim on grounds that the

Act does not apply to transactions between business entities.

Though acknowledging that controlling authority is directly

contrary, see Eastern Mountain Platform Tennis, Inc. v. Sherwin

Williams, C o ., 40 F.3d 492 (1st Cir. 1994), Environamics

nevertheless invites this court to disregard that authority, as

well as other persuasive authority, on the basis of several New

Hampshire Superior Court decisions that do not present a

consistent interpretation of the Act. The court obviously will

decline the invitation.

Plaintiff's motion to dismiss (document no. 33) is denied.

SO ORDERED.

Steven J. McAuliffe United States District Judge

December 2, 1997 cc: Christopher Cole, Esq. Daniel P. Schwarz, Esq. Rosemary A. Macero, Esq. Laurin D. Quiat, Esq.

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