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WOLFER v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 7484.

641 P.2d 1349 (1982)

Leonard L. WOLFER and Mark W. Wolfer, Plaintiffs and Defendants on Counterclaim and Third-Party Plaintiffs-Appellants, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a New York corporation, Robert E. Schoch, individually and as General Agent of The Mutual Life Insurance Company of New York, and Key Resources, Inc., a New York corporation, Defendants and Counterclaimants-Appellees, v. Lawrence M. HOROWITZ, Eugene R. Furr, Joel Criz, David Nattenberg, and Jerry F. Snow, Third-Party Defendants, Counterclaimants, and Cross-Claimants.

Intermediate Court of Appeals of Hawaii.

March 5, 1982.

Attorney(s) appearing for the Case

Mark S. Davis, Honolulu, for plaintiffs and defendants on counterclaim and third-party plaintiffs-appellants.

William S. Miller, Honolulu (Richard E. Stifel, Honolulu, with him on the brief, Goodsill, Anderson & Quinn, Honolulu, of counsel), for defendants and counterclaimants-appellees.

Before HAYASHI, C.J., PADGETT, J., and KANBARA, Circuit Judge, in place of BURNS, J., disqualified.

PADGETT, Judge.

This is an appeal from a summary judgment order made final by a Rule 54(b), HRCP, certification in favor of defendants against plaintiffs on a complaint based on alleged fraud. We affirm.

Certain basic facts are undisputed. Appellants were life insurance salesmen representing Appellee Mutual Life Insurance Company of New York (hereinafter "MONY"). Appellee Schoch was the general agent of Mony in Hawaii under whom appellants worked. Mony had...

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