ASSOCIATED ENGINEERS & CONTRACTORS v. STATE

No. 5595.

568 P.2d 512 (1977)

ASSOCIATED ENGINEERS & CONTRACTORS, INC., and Chris Berg, Inc., Plaintiffs-Appellees, Cross-Appellants, v. STATE of Hawaii, Defendant-Appellant, Cross-Appellee.

Supreme Court of Hawaii.

September 9, 1977.


Attorney(s) appearing for the Case

Arthur B. Reinwald, Dennis E.W. O'Connor and Richard K. Quinn, Honolulu (Anthony, Hoddick, Reinwald & O'Connor, Honolulu, of counsel), for plaintiffs-appellees, cross-appellants.

Before RICHARDSON, C.J., OGATA, MENOR and KIDWELL, JJ., and KATO, Circuit Judge in place of KOBAYASHI, J., disqualified.


PER CURIAM.

Plaintiff-Appellees, Cross-Appellants (Contractor) seek a rehearing of this appeal.

It is argued that denial of the State's motion to amend, if erroneous, was not prejudicial because the trial judge had announced that he regarded the evidence as insufficient to prove the defense that the Contractor had practiced or attempted to practice fraud in the proof of its claim. Our opinion determines that the evidence before the trial judge, if presented...

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