Opinion
No. 6156.
Decided October 26, 1970.
1. The supreme court was unable to determine whether the denial of a prayer for a temporary injunction was error, because the trial court made no findings and the record did not disclose the basis for the denial.
Petition seeking to restrain the defendant both temporarily and permanently from denying the plaintiff physician privileges as a member of the defendant's medical staff and access to its facilities for the care and treatment of patients.
Glenn W. Bricker, M. D., by brief and orally, pro se.
Walter L. Murphy orally, for defendant.
John P. Chandler orally, for town of Ashland, as amicus curiae.
This case reaches us on plaintiff's exception to the denial on October 23, 1970 by the Superior Court (King, J.) of the prayer for a temporary injunction. The trial court made no findings and the record does not disclose the basis for the order made. See Poisson v. Manchester, 101 N.H. 72, 75, 133 A.2d 503, 505 (1957). Cf. Annot., 24 A.L.R.2d 850 (1952). On the record before us, we are unable to say that the action of the trial court was in error.
Exceptions overruled; remanded.
KENISON, C.J., did not sit; GRIMES, J., concurred with the understanding that the order is without prejudice to further proceedings in the superior court.