ACOUSTIC, INSUL. & DRY. INC. v. LABOR & IND. REL. APP. BD.

No. 4695.

466 P.2d 439 (1970)

ACOUSTIC, INSULATION & DRYWALL INC., and First Insurance Co., of Hawaii, Ltd., Appellants-Appellees, v. LABOR AND INDUSTRIAL RELATIONS APPEAL BOARD, State of Hawaii, and Dependents of William E. Bailey, Deceased, Appellees-Appellants.

Supreme Court of Hawaii.

March 11, 1970.


Attorney(s) appearing for the Case

Donald A. Beck, Honolulu (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for the petition.

Before RICHARDSON, C.J., MARUMOTO and ABE, JJ., OGATA, Circuit Judge, for LEVINSON, J., disqualified, and WONG, Circuit Judge, for KOBAYASHI, J., disqualified.


PER CURIAM.

The petition for rehearing is denied. Employer urges three grounds for rehearing: first, that the giving of instruction No. 5 requested by it, and the refusal to give instructions Nos. 2 and 5 requested by claimants were harmless because the special verdicts were not binding on the court, being verdicts rendered by an advisory jury; second, that claimants waived their right to a jury trial of critical issues of fact by failing to demand their submission...

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