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GOMES v. TYAU

No. 5793.

552 P.2d 640 (1976)

Don Anthony GOMES, Plaintiff-Appellant, v. Steven TYAU, Defendant-Appellee.

Supreme Court of Hawaii.

July 13, 1976.

Attorney(s) appearing for the Case

Arthur K. Trask, Honolulu, for plaintiff-appellant.

Edmund L. Lee, Jr., Deputy Corp. Counsel, Honolulu (Barry Chung, Corp. Counsel, Honolulu, of counsel), for defendant-appellee.

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

OGATA, Justice.

This is an appeal from the decision and order of the Circuit Court of the First Circuit granting the defendant's motion for summary judgment. This court has jurisdiction pursuant to HRS § 602-5 (Supp. 1975) and § 641-1 (Supp. 1975). We affirm.

On April 16, 1974, plaintiff, Don Anthony Gomes (hereinafter referred to as appellant) filed a complaint in the Circuit Court alleging that on December 4, 1973, while he was incarcerated by...

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