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FOGARTY v. STATE

No. 9879.

705 P.2d 72 (1985)

Daniel T. FOGARTY and Mary Ann Fogarty, Plaintiffs-Appellants, v. STATE of Hawaii, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

July 30, 1985.

Attorney(s) appearing for the Case

Charles S. Lotsof, Honolulu, for plaintiffs-appellants.

Herbert Y. Hamada, Deputy Atty. Gen., Honolulu, for defendant-appellee.

Before HEEN, Acting C.J., TANAKA, J., and Circuit Judge SPENCER in the place of Chief Judge BURNS, Recused.

HEEN, Judge.

Plaintiffs-appellants Daniel and Mary Ann Fogarty (Fogartys) appeal from the January 9, 1984 order dismissing with prejudice their complaint against defendant-appellee State of Hawaii (State). We reverse.

Fogartys, stockholders of Kohala Plastics Industries, Inc. (Kohala Plastics), were guarantors, along with others, on two promissory notes of Kohala Plastics1 dated November 26, 1974, and payable to State and the County...

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