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UNCLE JOHN'S OF HAWAII v. MID-PACIFIC

No. 13745.

794 P.2d 614 (1990)

UNCLE JOHN'S OF HAWAII, Plaintiff-Appellant, v. MID-PACIFIC RESTAURANTS, William C. Erickson, Paul J. Spengler, Jr., and Dale P. Madden, Defendants-Appellees, and Richard E. Jansen, Defendant (Two Cases). MID-PACIFIC RESTAURANTS and William C. Erickson, Third-Party Plaintiffs-Appellees, v. UNCLE JOHN'S FAMILY RESTAURANTS, Al Lapin, Michael Lenzini, UJH, Inc., a California corporation, and Western Family Restaurants, Third-Party Defendants-Appellants.

Supreme Court of Hawaii.

Reconsideration Granted and Opinion Amended July 24, 1990.

Attorney(s) appearing for the Case

Alexander C. Marrack (Reinwald, O'Connor, Marrack, Hoskins & Playdon), Honolulu, Hawaii, for plaintiff-appellant.

W. Gregory Chuck (Chuck, Jones & MacLaren, John S. Edmunds, with him on the brief, Edmunds, Verga, Van Etten & O'Brien), Honolulu, Hawaii, for defendants-appellees.

Before PADGETT, Acting C.J., HAYASHI, WAKATSUKI and MOON, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in Place of LUM, C.J., recused.

PADGETT, Acting Chief Justice.

This is an appeal from a judgment entered, pursuant to findings of fact and conclusions of law, in a jury-waived case. Essentially, the court below found fraud on the part of the appellants, and awarded damages. We affirm the finding of fraud, but modify the order for damages.

This appeal arises out of the consolidation of two civil cases. In Civil No. 86-1295, appellant Uncle John's of Hawaii (UJH), a limited partnership, filed...

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