TROPIC BUILDERS, LTD. v. UNITED STATES

No. 4801.

475 P.2d 362 (1970)

TROPIC BUILDERS, LTD., Petitioner-Appellee, v. UNITED STATES of America, Owner, Navy Capehart Quarters, Inc., Lessee, Sam Len, dba The Len Company & Associates, Contractor, and Aloha Construction Co., Inc., Subcontractor, Respondents-Appellants. NAVY CAPEHART QUARTERS, INC., Respondent and Third-Party Plaintiff-Appellant, v. Sam LEN, dba The Len Company & Associates, Columbia Casualty Company, and Pacific Insurance Company, Ltd., Third-Party Defendants-Appellants. COLUMBIA CASUALTY COMPANY and Pacific Insurance Company, Ltd., Cross-Claimants-Appellants, v. Sam LEN, dba The Len Company & Associates, Cross-Defendant-Appellant.

Supreme Court of Hawaii.

September 14, 1970.


Attorney(s) appearing for the Case

George R. Hyde, Washington, D.C. (Shiro Kashiwa, Asst. Atty. Gen., Department of Justice, Washington, D.C., Yoshimi Hayashi, U.S. Atty., Joseph M. Gedan, Asst. U.S. Atty., and Roger P. Marquis, Washington, D.C., with him on the brief), for appellant Navy Capehart Quarters, Inc.

Edmund Burke, Honolulu (Henshaw, Conroy & Hamilton, Honolulu, of counsel), for appellants Columbia Casualty Co. and Pacific Ins. Co., Ltd.

Kinji Kanazawa, Honolulu, and Robert London, Los Angeles, Cal., for appellant Sam Len.

Howard K. Hoddick, Honolulu (Anthony & Waddoups, Honolulu, of counsel), for appellee.

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


MARUMOTO, Justice.

This is the second appeal in the case, and is from a circuit court judgment entered at the conclusion of a trial on remand, pursuant to our opinion reported in Tropic Builders v. Naval Ammunition Depot Lualualei Quarters, 48 Haw. 306, 402 P.2d 440 (1965).

The parties in the case originally were Tropic Builders, Ltd., plaintiff; and the United States, Naval Ammunition Depot...

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