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FREITAS v. CITY AND COUNTY OF HONOLULU

No. 6088.

574 P.2d 529 (1978)

Raynard FREITAS et al., Plaintiffs-Appellants, v. The CITY AND COUNTY OF HONOLULU, a Municipal Corporation, et al., Defendants-Appellees. The CITY AND COUNTY OF HONOLULU, a Municipal Corporation, et al., Defendants and Third-Party Plaintiffs, v. Melvin Jerry FREITAS et al., Third-Party Defendants.

Supreme Court of Hawaii.

February 6, 1978.

Attorney(s) appearing for the Case

James Blanchfield, Honolulu, for plaintiffs-appellants.

Charles A. Viviano, Deputy Corp. Counsel, Honolulu, (Berton T. Kato, Deputy Corp. Counsel, Honolulu, on the brief), for defendants-appellees.

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

KIDWELL, Justice.

In this action, three brothers seek to recover damages from the City and County of Honolulu (City) and two police officers for injuries suffered from the shooting of the plaintiffs by a fourth brother. The plaintiffs appealed from summary judgment awarded to the defendants. We affirm.

The trial court had before it memoranda filed by plaintiffs and defendants setting forth substantially similar versions of the facts of the case. Although not...

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