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MUNOZ v. YUEN

No. 8460.

670 P.2d 825 (1983)

Peter B. MUNOZ, Plaintiff-Appellant, v. George YUEN, Director of the Department of Health of the State of Hawaii, Henry Thompson, Deputy Director of the Department of Health of the State of Hawaii, William Hexamer, Enforcement Officer of the Department of Health of the State of Hawaii, and Andrew Gray, Emergency Services Officer of the Department of Health of the State of Hawaii, William J. Hexamer, individually, Andrew P. Gray, individually, and the Department of Health of the State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

October 20, 1983.

Attorney(s) appearing for the Case

Glenn I. Kimura and Gerald C. Yoshida, Deputy Attys. Gen., Honolulu, for defendants-appellees, for the motion.

James Krueger and Gregory D. Ball, Wailuku (James Krueger, Wailuku, of counsel), for plaintiff-appellant, contra.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PER CURIAM.

Defendant-appellee State of Hawaii1 has moved to strike portions of the opening brief of Plaintiff-appellant Peter Munoz (Appellant). The precise issue before us is whether depositions on file in the case but not brought to the trial court's attention in connection with a motion for summary judgment can be considered by the appellate court in determining whether the award of summary...

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