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BRODIE v. HAWAII AUTO. RET. GAS. DEAL. ASS'N

No. 7397.

631 P.2d 600 (1981)

Alexander H. BRODIE, and National Tire of Hawaii, Ltd., dba Lex Brodie's Tire Company, Plaintiffs-Appellants, v. HAWAII AUTOMOTIVE RETAIL GASOLINE DEALERS ASSOCIATION, INC., Archie Richardson, Shinko Kuniyoshi, Jimmy Hagio, George Oka, Toshitaka Arakawa, William Kohlman, Richard Remley, Sabatoshi Higa, Ed Murray, Akira Sato, Gary Konishi, Robert Yukumoto, Eddie Uemori, and Marvin Taba, Defendants-Appellees, and John Does 1-10 and John Doe Corporations 1-10, Defendants.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted August 17, 1981.

Attorney(s) appearing for the Case

David C. Schutter, Honolulu (Roy J. Bell, III and Reinhard Mohr, Honolulu, on the briefs), for plaintiffs-appellants.

John A. Chanin, Honolulu, for defendants-appellees Automotive Retail Gasoline Dealers Ass'n, Inc.

Thomas E. Cook, Honolulu (Gary N. Hagerman, Honolulu, on the brief, Lyons, Hagerman & Brandt, of counsel), for appellee William Kohlman.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

This is an appeal from a summary judgment in favor of the appellees in a malicious prosecution action. We, in our discretion, reverse and remand for the reasons stated below.

The appellees are the Hawaii Automotive Retail Gasoline Dealers Association, Inc., a nonprofit corporation which is a trade association composed of various retail gasoline dealers, and certain of its members and directors. The appellants are Alexander H. Brodie and National...

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