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LEE v. BROOKS

Civ. Nos. 3034, 3065.

315 F.Supp. 729 (1970)

Burma Y. LEE, Plaintiff, v. Roger K. BROOKS, Dorothy Tani and United States of America, Defendants. Roger K. BROOKS and United States of America, Third-Party Plaintiffs, v. STATE OF HAWAII, Third-Party Defendant. Caitilin J. EMBREE, formerly known as Caitilin J. Herrick, Plaintiff, v. Roger K. BROOKS, Dorothy Tani and United States of America, Defendants.

United States District Court, D. Hawaii.

August 5, 1970.

Attorney(s) appearing for the Case

Walter Chuck, Ken Harimoto, Honolulu, Hawaii, for Burma Y. Lee; Chuck & Fujiyama, Honolulu, Hawaii, of counsel.

Jerrold M. Bell, Honolulu, Hawaii, for Caitilin J. Embree; Heen, Kai & Dodge, Honolulu, Hawaii, of counsel.

Robert K. Fukuda, U. S. Atty., for defendants and third-party plaintiffs Roger K. Brooks and United States of America.

Edmund Burke, William R. Loomis, for defendant Dorothy Tani, Henshaw, Conroy & Hamilton, Honolulu, Hawaii, of counsel.

Bertram T. Kanbara, Atty. Gen. of Hawaii, Thomas M. Piko, Jr., Deputy Atty. Gen., Honolulu, Hawaii, for the State of Hawaii.

DECISION ON STATE OF HAWAII'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

PENCE, Chief Judge.

Here a collision between automobiles has resulted in a collision between sovereigns. One vehicle was driven by Roger Brooks, a U. S. Marine, in the course of his Federal employment. The other was driven by one Dorothy Tani, and was occupied by plaintiffs Burma Lee and Caitilin Embree, all of whom were in the course of their employment with the State of Hawaii.

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