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J.A. THOMPSON & SON, INC. v. STATE

No. 4787.

465 P.2d 148 (1970)

J.A. THOMPSON & SON, INC., a California corporation v. STATE of Hawaii and Herbert A.R. Austin and R.M. Towill, as individuals, associated and acting as joint contractors and co-adventurers under the name Austin & Towill.

Supreme Court of Hawaii.

Rehearing Denied March 13, 1970.

Attorney(s) appearing for the Case

Richard S. Schulze, Jr., Honolulu (Yoshio Shigezawa, Honolulu, on the briefs; Moore, Torkildson & Schulze, Honolulu, of counsel), for plaintiff-appellant.

Johnson H. Wong, Deputy Atty. Gen., Bertram T. Kanbara, Atty. Gen., Honolulu, for defendant and third-party plaintiff-appellee.

Daniel H. Case, Honolulu (Gary L. Wixon, Honolulu, on the brief; Pratt, Moore, Bortz & Case, Honolulu, of counsel), for third-party defendants-appellees.

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

ABE, Justice.

The plaintiff, J.A. Thompson & Son, Inc., a California corporation, was awarded a contract by the State of Hawaii to construct a four-lane divided highway over a portion of Kalanianaole Highway beginning at the Kailua junction and extending towards Waimanalo for a distance of approximately 7,000 feet. The contract price for the job was $564,989.45. Of that sum plaintiff's bid price for the item of excavation was 54.6 cents per cubic yard for 287...

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