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ROCHA v. ACZON

No. 5058.

488 P.2d 135 (1971)

Dennis ROCHA, An Infant, by his guardian ad litem and next friend Andrew Rocha and Andrew Rocha, Plaintiffs-Appellants, v. Joseph G. ACZON, Defendant-Appellee.

Supreme Court of Hawaii.

August 25, 1971.

Attorney(s) appearing for the Case

Bert T. Kobayashi, Jr., Honolulu (Kobayashi, Toyofuku and Koshiba, Honolulu of counsel) for defendant-appellee, for the motion.

Joseph A. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for plaintiffs-appellants, contra.

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

PER CURIAM.

In this case, we affirmed the judgment appealed from in a memorandum opinion, and appellee has moved for taxation of his costs and attorney's fee against appellants under Rules 9(c) and 9(e) of the rules of the Supreme Court.

Under Rule 9(c), appellee claims cost of a copy of the transcript of testimony in the circuit court. That rule provides that the "cost of the transcript of record in the court below" shall be taxable in this court as part...

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