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WYLLY v. FIRST HAWAIIAN BANK

No. 6171.

549 P.2d 477 (1976)

Alexander WYLLY, Plaintiff, v. FIRST HAWAIIAN BANK, Defendant-Appellee, v. Leroy JOHNSON et al., Additional Defendants on Counterclaim, and Robert C. Raab, Counterclaim Defendant-Appellant.

Supreme Court of Hawaii.

May 4, 1976.

Attorney(s) appearing for the Case

Edward C. Kemper, Honolulu (Kemper & Watts, Honolulu, of counsel), for defendant-appellant.

Richard J. Kowen, Honolulu (Cades Schutte Fleming & Wright, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

Upon examination of the record in this case, filed April 6, 1976, it is apparent that this appeal is premature.

The action was commenced by the filing of a complaint for a declaratory judgment with respect to plaintiff's liability on a continuing guaranty of another's indebtedness. The answer of Defendant-Appellee included a counterclaim against plaintiff on the continuing guaranty and cross-claims against four additional defendants, including...

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