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OCCIDENTAL UNDERWRITERS v. AMERICAN SEC. BANK

No. 9895.

696 P.2d 852 (1985)

OCCIDENTAL UNDERWRITERS OF HAWAII, LTD., a Hawaii corporation, Plaintiff-Appellee, v. AMERICAN SECURITY BANK, a Hawaii corporation, Defendant-Appellee, and Pauwela Joint Venture, aka Pauwela Cannery, an unincorporated business association, and Yates Hawaii, Inc., a Hawaii corporation, Defendants-Appellants, and Trav P. Duro, Phillip E. Mulligan, Jr., and Stephen Harada, associated and transacting business under the common name of said company, Defendants.

Intermediate Court of Appeals of Hawaii.

As Amended on Grant for Reconsideration March 25, 1985.

Attorney(s) appearing for the Case

Robert E. Rowland and James M. Dombroski, Kahului (Case, Kay & Lynch, Kahului, of counsel) on the briefs for defendants-appellants.

Arthur B. Reinwald, Honolulu (Hoddick, Reinwald, O'Connor & Marrack, Honolulu, of counsel) on the brief for plaintiff-appellee Occidental Underwriters of Hawaii, Ltd.

Cuyler Shaw, Honolulu (Ashford & Wriston, Honolulu, of counsel), joinder with plaintiff-appellee Occidental Underwriters of Hawaii, Ltd., for defendant-appellee American Sec. Bank.

BURNS, Chief Judge.

Defendants Pauwela Joint Venture (PJV) and Yates Hawaii, Inc. (YHI), appeal the summary judgment which, inter alia, dismissed their cross-claim against defendant American Security Bank (ASB) for an award of attorney fees and costs of $9,837.71. We reverse.

They also appeal the denial of their motion for summary judgment on their cross-claim against ASB. We affirm.

The dispositive issue is whether the claim of PJV and YHI...

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