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VIESS v. SEA ENTERPRISES CORP.

Civ. No. 82-0529.

634 F.Supp. 226 (1986)

Saul VIESS, et al., Plaintiffs, v. SEA ENTERPRISES CORP., dba Ocean Activities Center, County of Maui, Inter-Continental Hotels Corp. (Hawaii) dba Hotel Inter-Continental Maui; Wailea Development Co., and Does 2-20, Defendants.

United States District Court, D. Hawaii.

April 30, 1986.

Attorney(s) appearing for the Case

Steven J. Trecker, Christopher P. McKenzie, Honolulu, Hawaii, for plaintiffs.

Sydney K. Ayabe, Jeffrey H.K. Sia, Libkuman, Ventura, Ayabe & Hughes, Honolulu, Hawaii, for Sea Enterprises Corp., dba Ocean Activities Center.

H. Rodger Betts, Corp. Counsel, James B. Takayesu, Deputy Corp. Counsel, Maui County, Wailuku, Maui, Hawaii, for Maui County.

Jeffrey S. Portnoy, Cades Schutte Fleming & Wright, Honolulu, Hawaii, for Intercontinental Hotels Corp. (Hawaii), dba Hotel Inter-Continental Maui.

Walter Davis, Honolulu, Hawaii, for Wailea Development Co.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

PENCE, District Judge.

Defendant Wailea Development Company's motion for summary judgment came on for hearing before this court on March 19, 1986. All parties, with the exception of the County of Maui, were represented by counsel. The court, having considered the motion for summary judgment, the extensive memoranda filed, and the arguments of counsel, finds as follows:

FACTS1

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