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HEALY-TIBBITTS CONST. v. HAWAIIAN INDEPENDENT REF.

No. 80-4270.

673 F.2d 284 (1982)

HEALY-TIBBITTS CONSTRUCTION COMPANY, Plaintiff/Appellee, v. HAWAIIAN INDEPENDENT REFINERY, INC., Defendant/Third-Party Plaintiff/Appellant, and Bechtel, Inc., Third-Party Defendant.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Alexander C. Marrack, Hoddick, Reinwald, O'Connor & Marrack, Honolulu, Hawaii, for defendant/third-party plaintiff/appellant.

Felix A. Maciszewski, Honolulu, Hawaii, for plaintiff/appellee.

Before ALARCON, POOLE and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Healy-Tibbitts Construction Company sued Hawaiian Independent Refinery, Inc. ("HIRI") for damages plus interest, costs, and attorneys' fees in an action allegedly arising out of performance of a construction contract. The original complaint listed seven counts, five of which were in contract, two of which were arguably in tort. At trial, defendants prevailed on all counts. Pursuant to the judgment on the complaint, HIRI submitted a bill of...

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