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STATE SAVINGS & LOAN ASSOCIATION v. COREY

No. 5021.

488 P.2d 703 (1971)

STATE SAVINGS & LOAN ASSOCIATION, Plaintiff-Appellant on Count I, Appellee and Cross-Appellant on Count II, v. Ralph E. COREY and Robert M. Kimbrough, Defendants-Appellees on Count I, Appellants and Cross-Appellees on Count II, and Wallace C.S. Young, Defendant-Appellee on Count I, Appellant on the Cross Claim in Count I. Ralph E. COREY and Robert M. Kimbrough, Third-Party Plaintiffs, v. BETTER BUILT HAWAII, LTD., Third-Party Defendant.

Supreme Court of Hawaii.

Modification Denied October 1, 1971.

Rehearing Denied October 5, 1971.

Attorney(s) appearing for the Case

James S. Campbell, Honolulu (Peter Chi-Ping Char, Honolulu, with him on the briefs; Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for plaintiff-appellee, cross-appellant State Savings & Loan Assn.

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendants-appellants, cross-appellees Robert M. Kimbrough and Ralph E. Corey.

Asa M. Akinaka, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for defendant-appellant, cross-appellee Wallace C.S. Young.

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

KOBAYASHI, Justice.

This appeal is the result of a suit initiated by State Savings & Loan Association (hereinafter State Savings or plaintiff) against Robert M. Kimbrough (hereinafter Kimbrough), Ralph E. Corey (hereinafter Corey) and Wallace C.S. Young (hereinafter Young) (hereinafter collectively called defendants) for a mortgage loan made by State Savings in favor of Kauaian Development Company, Inc. (hereinafter Kauaian Development).

In Count I of...

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