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Civil Procedure Keyed to Cross
New Hampshire v. Maine
Citation:532 U.S. 742, 121 S.Ct. 1808, 149 L.Ed.2d 968 (2001)
In 1977, New Hampshire and Maine entered a consent decree establishing the boundary between the two states to be up the middle of the Pscataqua River. The two states agreed that “up the middle” meant “the middle of the main channel of navigation of the Piscataqua River.” Twenty-five years later, New Hampshire (Plaintiff) sued Maine (Defendant), claiming that the Piscataqua River boundary runs along the Maine shore and that the entire river and all of Portsmouth Harbor belong to New Hampshire. Defendant filed a motion to dismiss on the grounds that the lawsuit was barred by judicial estoppel.
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