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PHILLIPS v. KULA 200, WICK REALTY, INC.

No. 7152.

629 P.2d 119 (1981)

Donald L. PHILLIPS and Neil O. Warner, Individually and as limited partners of Kula 200, a Hawaii Limited Partnership, on behalf of themselves and all other limited partners similarly situated and in the right and for the benefit of said limited partnership, Plaintiffs-Appellees, v. KULA 200, WICK REALTY, INC., a Hawaii Corporation, Wick Associates, a Hawaii Partnership, and Erling P. Wick, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

As Amended June 5, 1981.

Attorney(s) appearing for the Case

William F. Crockett, Crockett & Nakamura, Wailuku, for defendants-appellants.

J.W. Ellsworth, Weight & Ellsworth, Honolulu, for plaintiffs-appellees.

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

BURNS, Judge.

Defendants interlocutorily appeal the lower court's Order Denying Motion to Dismiss Derivative Action and for Summary Judgment.

The issue is whether the lower court correctly ruled that two limited partners may maintain a derivative action in favor of the limited partnership against the limited partnership, the two general partners, and one limited partner. We affirm.

Defendant-Appellant KULA...

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