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LUCAS v. LIGGETT & MYERS TOBACCO COMPANY

No. 4495.

442 P.2d 460 (1968)

Manuel R. LUCAS, Frank R. Lucas, John R. Lucas, Jr., Frederick Vierra and John T. Freitas, doing business as Savemore Supermarket v. LIGGETT & MYERS TOBACCO COMPANY and George Iwamoto.

Supreme Court of Hawaii.

Rehearing Denied July 12, 1968.

Attorney(s) appearing for the Case

James P. Wohl, Honolulu (Robert E. Bethea, Hilo, with him on the briefs, Carlsmith, Carlsmith, Wichman & Case, Hilo, of counsel) for appellants.

Alexander C. Marrack, Honolulu, (J. Garner Anthony, Honolulu, with him on the brief, Robertson, Castle & Anthony, Honolulu, and Doi & Kanemitsu, of counsel) for defendant-appellee Liggett & Myers Tobacco Co.

Kazuhisa Abe, Hilo, for defendant-appellee George Iwamoto, filed no brief and did not argue.

Before RICHARDSON, C.J., MIZUHA, MARUMOTO and LEVINSON, JJ., and FAIRBANKS, Circuit Judge, in place of ABE, J., disqualified.

MARUMOTO, Justice.

This is an appeal by plaintiffs from a circuit court judgment, entered pursuant to a jury verdict, dismissing their action as against defendant Liggett & Myers Tobacco Company on the merits, and adjudging defendant George Iwamoto liable to plaintiffs for the payment of compensatory damages in the sum of $23,578.45, plus costs of court.

Plaintiffs are owners and operators of Savemore Supermarket in Hilo, Hawaii. Iwamoto was an employee...

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