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ISLAND TOBACCO CO. v. R.J. REYNOLDS TOBACCO

No. 6685.

627 P.2d 260 (1981)

ISLAND TOBACCO CO., LTD., Plaintiff-Appellee, Cross-Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, R.J. Reynolds Tobacco Company (Hawaii), and R.J. Reynolds Industries, Inc., Defendants-Appellants, Cross-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied May 27, 1981.

Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa. (Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., of counsel); Vernon F.L. Char and George T. Okamura, Honolulu (Damon, Key, Char & Bocken, Honolulu, of counsel; with them on answering and reply briefs, Max H. Crohn, Jr., Asst. Gen. Counsel for R.J. Reynolds Industries, Inc., Winston-Salem, N.C.), on the briefs, for defendants-appellants, cross-appellees.

Robert Patrick Jaress, Honolulu (Susan M. Ichinose, Honolulu, on opening brief and with him on answering and reply briefs; Mukai, Ichiki, Raffetto & MacMillan, Honolulu, of counsel), for plaintiff-appellee, cross-appellant.

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

NAKAMURA, Justice.

These interlocutory appeals by both plaintiff and defendants involve the application of several discrete but related provisions of two seldom-used chapters of the Hawaii Revised Statutes, Chapter 480, Monopolies and Restraint of Trade, and Chapter 481, Fair Trade Regulations. The principal questions presented by plaintiff's appeal are whether the circuit court erred in ruling that defendants comprise a single business entity for purposes of antitrust...

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