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VAN DUSEN v. G.S. SHIMA CONTRACTING, INC.

No. 7726.

664 P.2d 753 (1983)

Robert J. VAN DUSEN and Lana N. Van Dusen, Plaintiffs-Appellants, v. G.S. SHIMA CONTRACTING, INC., a Hawaii corporation, Defendant, and Mid-Pac Lumber Co., Ltd., a Hawaii corporation, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

As Amended June 21, 1983.

Attorney(s) appearing for the Case

Wesley K.C. Lau, Honolulu (Lau & Durham, Honolulu, of counsel), for appellants.

Michael L. Freed (Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, of counsel), for appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Plaintiffs Robert J. and Lana N. Van Dusen (Van Dusens) appeal the summary judgment entered in favor of Mid-Pac Lumber Co., Ltd. (Mid-Pac). The lower court held as a matter of law that Mid-Pac's bond does not cover the Van Dusens' alleged damages. We reverse.

Viewed most favorably to the Van Dusens, the facts are as follows. By Construction Contract (contract) dated July 22, 1975, G.S. Shima Contracting, Inc. (Shima) agreed for $50,712...

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