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ABERCROMBIE v. McCLUNG

No. 5391.

507 P.2d 719 (1973)

Neil ABERCROMBIE, Plaintiff-Appellee, v. David C. McCLUNG, Defendant-Appellant.

Supreme Court of Hawaii.

March 12, 1973.

Attorney(s) appearing for the Case

Steven H. Levinson, Honolulu (David C. Schutter, Honolulu, of counsel), for plaintiff-appellee, for the motion.

Tobias C. Tolzmann, Special Deputy Atty. Gen., Honolulu, for defendant-appellant, contra.

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

MOTION TO DISMISS APPEAL

PER CURIAM.

This case is before this court on a motion filed by appellee to dismiss appeal upon the ground that the order of the trial court is interlocutory and appellant failed to seek and obtain permission of the trial court to appeal. The appellant appealed from an order of the trial court denying a motion for summary judgment or to reserve questions of law to supreme court. Trial on the merits of the claim has not taken place...

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