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LANE v. YAMAMOTO

No. 7013.

628 P.2d 634 (1981)

Stephen W. LANE, Plaintiff-Appellant, v. George YAMAMOTO and the City and County of Honolulu, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

May 11, 1981.

Attorney(s) appearing for the Case

Michael P. Akana, Law Offices of David L. Turk, Honolulu, for appellant; Roy J. Bell, Honolulu, on brief.

John W.K. Chang, Deputy Corp. Counsel, Honolulu, James E. Ross, Deputy Corp. Counsel, Honolulu, on brief for appellee.

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

PADGETT, Judge.

This is an appeal from an order granting a motion to dismiss or in the alternative, for summary judgment. Appellant contends that based upon the record, there was a genuine issue of material fact as to whether Appellee George Yamamoto, in refusing for a period of time to return appellant's gun to him, acted with malice. Based upon the record, there was evidence of malice and accordingly, we hold that the matter should have been left for a jury trial...

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