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MAUIAN HOTEL, INC. v. MAUI PINEAPPLE COMPANY

No. 4950.

481 P.2d 310 (1971)

MAUIAN HOTEL, INC. et al., Plaintiffs-Appellees, v. MAUI PINEAPPLE COMPANY, Limited, a Hawaii corporation, Defendant and Third-Party Plaintiff-Appellee, v. AUSTIN, SMITH & ASSOCIATES, INC., Third-Party Defendant-Appellee, and Napili-Kai, Ltd., Third-Party Defendant-Appellant.

Supreme Court of Hawaii.

Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

James E. Duffy, Jr., Honolulu (Michael T.I. Kim, Honolulu, with him on the briefs, Cobb & Gould, Honolulu, of counsel), for third-party defendant-appellant Napili-Kai, Ltd.

Anthony Y.K. Kim, Edmund Burke, Honolulu (Henshaw, Conroy & Hamilton, Honolulu) for third-party defendant-appellee Austin, Smith & Associates, Inc.

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

ABE, Justice.

This is a claim for recovery of property damages allegedly caused by the overflowing and bursting of a dam located on the property of the Maui Pineapple Company, Ltd. Initially, the Mauian Hotel, Inc., and approximately twenty others instituted action against Maui Pineapple who in turn moved to bring in two third-party defendants, Austin, Smith & Associates, Inc., and Napili-Kai, Ltd. The third-party plaintiff (Maui Pineapple) contends that Austin...

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