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EMPLOYEES' RET. SYSTEM v. BIG ISLAND REALTY

No. 6839.

627 P.2d 304 (1981)

EMPLOYEES' RETIREMENT SYSTEM of the State of Hawaii, Plaintiff-Appellee, v. BIG ISLAND REALTY, INC.; Clara K. Osorio; Elroy T.L. Osorio; Union Investments, Inc.; Ralph S. Aoki; Robert K. Hasegawa, Director of Labor and Industrial Relations, State of Hawaii; Hilo Electric Light Company, Limited; Kauai Credit Adjusters, Limited; Ralph W. Kondo, Director of Taxation, State of Hawaii; Loyalty Insurance Agency, Ltd.; Sokei Dairy, Ltd.; T. Shigemura Co., Ltd.; United States of America; Woodrum and Staff, Ltd.; and James K. Zaima, Defendants-Appellees, and Golden Triangle Real Estate, Interpleading Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied May 26, 1981.

Certiorari Denied June 15, 1981.

Attorney(s) appearing for the Case

Albert Gould, Gould & McKenzie, Honolulu (Benjamin L. Carroll, III, Honolulu, with him on the briefs), for interpleading defendant-appellant.

Roger Moseley, Deputy Atty. Gen. of Hawaii, Honolulu (Nobuki Kamida, Honolulu, on the brief), for plaintiff-appellee.

Neil F. Hulbert, Hong & Iwai, Honolulu, for defendant-appellee Loyalty Insurance Agency, Ltd.

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

PER CURIAM.

A broker1 in a negotiated foreclosure sale contract which was approved by the lower court but which did not close because the buyer defaulted appeals the court's award to it of a $25,000 commission, claiming entitlement to a $75,000 commission.

This case involves a trap for the unwary of which we spoke in Sturkie v. Han, 2 Haw. App. ___, 627 P.2d 296...

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