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AGUSTIN v. DAN OSTROW CONST. CO., INC.

No. 7041.

636 P.2d 1348 (1981)

Hermenegildo AGUSTIN, et al., Plaintiffs-Appellants, v. DAN OSTROW CONSTRUCTION CO., INC., et al., Defendants-Appellees.

Supreme Court of Hawaii.

December 2, 1981.

Attorney(s) appearing for the Case

Daral G. Conklin, Honolulu, (Joseph Schneider and George T. Aoki, Honolulu, with him on the briefs, Conklin & Schneider, a Law Corporation, Honolulu, of counsel), for plaintiffs-appellants.

Jerrold Y. Chun, Honolulu (Richard C. Sutton, Jr., Honolulu, with him on the brief, Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, of counsel), for defendant-appellee Dan Ostrow Construction Co., Inc.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

LUM, Justice.

In this appeal, the issue is whether plaintiffs-appellants' suit is barred by the statute of limitations under § 657-8,1 Hawaii Revised Statutes. The circuit court dismissed plaintiffs-appellants' complaint, ruling that § 657-8 barred their claims. We disagree and reverse for reasons set forth herein.

Plaintiffs-appellants are homeowners (Homeowners). In 1977, they filed a complaint in the circuit court...

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