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E.E. BLACK, LTD. v. STATE

No. 4617.

50 Haw. 267 (1968)

439 P.2d 213

E.E. BLACK, LTD. AND KUWAYE BROTHERS, INC. A JOINT VENTURE v. THE STATE OF HAWAII.

Supreme Court of Hawaii.

March 15, 1968.

Attorney(s) appearing for the Case

Arthur T. Murakami, Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the briefs) for defendant-appellant.

J. Garner Anthony and Arthur B. Reinwald (Robertson, Castle & Anthony, of counsel) for appellees.

RICHARDSON, C.J., MIZUHA, MARUMOTO, LEVINSON, JJ., AND CIRCUIT JUDGE WILLIAM Z. FAIRBANKS IN PLACE OF ABE, J., DISQUALIFIED.

OPINION OF THE COURT BY MIZUHA, J.

This is an appeal from a judgment rendered in the Third Circuit Court which awarded the appellees-contractors the sum of $30,777.60 as an adjustment in compensation for work done pursuant to a construction contract.

The appellant-State entered into a contract with contractors for the construction of a section of the Hawaii Belt Road. In the bid, the contractors proposed to furnish 17,280 tons of filler at $7.04 per ton for...

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