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SCHULZ v. HONSADOR, INC.

No. 9599.

690 P.2d 279 (1984)

Uwe H.H. SCHULZ, Plaintiff, v. HONSADOR, INC., a Hawaii corporation, Defendant and Third-Party Plaintiff-Appellee v. REPUBLIC CORPORATION, a California corporation, and Construction Material Suppliers, a California corporation, Third-Party Defendants-Appellants.

Supreme Court of Hawaii.

November 8, 1984.

Attorney(s) appearing for the Case

Dennis Niles, Wailuku (Shelby A. Floyd, Wailuku, with him on briefs; Paul, Johnson & Alston, Wailuku, of counsel), for third-party defendants-appellants.

Susan Oki Mollway, Honolulu (William M. Swope, Honolulu, with her on brief), Cades, Schutte, Fleming & Wright, Honolulu, for defendant and third-party plaintiff-appellee.

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

LUM, Chief Justice.

Third-Party Defendants-Appellants Republic Corporation (Republic) and Construction Material Suppliers (CMS) appeal from an order of the circuit court which denied their post-judgment motion for taxation of attorney's fees against Third-Party Plaintiff-Appellee Honsador, Inc. (Honsador). The court concluded that the third party action brought by Honsador against Republic and CMS was not in the nature of assumpsit but, rather, in the nature of negligence...

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