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PHILLIPS v. KULA 200 II

No. 8057.

667 P.2d 261 (1983)

Donald L. PHILLIPS, Neil O. Warner, Lorne M. Phillips, Carl H. Yeager, Pearl B. Yeager, Dr. M.J. McDonald, Custodian for John McDonald, Todd McDonald, Paul McDonald, Joel McDonald and Sam McDonald, Donald E. Dietrich, Mary Joan Dietrich, Glenn L. Fultz, Ona S. Fultz, Flora Jane Minch, Elliot W. Seymour and William A. Fleming as Co-Trustees of Guy Hughes Estate, Charles Ledward and Diana Ledward, Plaintiffs-Appellants, v. KULA 200 II, Wick Realty, Inc., a Hawaii corporation, Wick Associates, a Hawaii partnership, and Erling P. Wick, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

July 19, 1983.

Attorney(s) appearing for the Case

J.W. Ellsworth, Honolulu (William W. Saunders, Honolulu, with him on brief) for plaintiffs-appellants.

William F. Crockett, Wailuku (Crockett & Nakamura, Wailuku, of counsel) for defendants-appellees.

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

BURNS, Chief Judge.

Defendant Kula 200 is a Hawaii limited partnership. In Phillips v. Kula 200, 2 Haw.App. 206, 629 P.2d 119 (1981) (hereinafter referred to as "Kula 200 Derivative"), we permitted 2.78% of Kula 200's limited partners to derivatively assert a breach of fiduciary duty action for damages against Kula 200, its two general partners, and one of its limited partners. Kula 200 Derivative has not yet been tried. In...

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