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LAND v. HIGHWAY CONST. CO., LTD.

No. 6629.

645 P.2d 295 (1982)

John E. LAND, Plaintiff-Appellee, v. HIGHWAY CONSTRUCTION COMPANY, LTD., a Hawaii Corporation, Defendant-Appellee, Cross-Appellant, and State of Hawaii, Defendant-Appellant, Cross-Appellee, and Does One through Ten, Defendants. Reed J. BOWLING, Plaintiff-Appellee, v. HIGHWAY CONSTRUCTION COMPANY, LTD., a Hawaii Corporation, Defendant-Appellee, Cross-Appellant, and STATE of Hawaii, Defendant-Appellant, Cross-Appellee, Third-Party Plaintiff-Appellant, v. John E. LAND, Third-Party Defendant-Appellee, and Does One through Ten, Defendants.

Supreme Court of Hawaii.

As Amended May 21, 1982.

Reconsideration Denied June 15, 1982.

Attorney(s) appearing for the Case

Burnham H. Greeley, Honolulu (Joseph T. Kiefer, Honolulu, with him on the briefs, Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendant-appellant, cross-appellee, third-party plaintiff-appellant, State of Hawaii.

Robert M. Rothwell, Wailuku, Carelton B. Reid, Wailuku (for the motion), for defendant-appellee, cross-appellant Highway Const. Co., Ltd.

James F. Ventura, Honolulu (Libkuman, Ventura, Moon & Ayabe, Honolulu, of counsel), for plaintiff-appellee Reed J. Bowling.

Raymond J. Tam, Honolulu (Shim, Sigal, Tam and Naito, Honolulu, of counsel), for plaintiff-appellee John E. Land.

John R. Lacy, Honolulu (appeared but did not argue; Goodsill, Anderson & Quinn, Honolulu, of counsel), for third-party defendant-appellee John E. Land.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, Assigned Temporarily.

OGATA, Justice.

This is an appeal by defendant-appellant, State of Hawaii (hereinafter State), from the order dismissing cross-claim and denying motion for leave to file third-party complaint and from final judgment entered by the First Circuit Court in favor of plaintiff-appellee, Reed Bowling (hereinafter Bowling), and plaintiff-third party defendant-appellee, John Land (hereinafter Land). In addition, Highway Construction Company, Ltd. (hereinafter Highway Construction...

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