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  5. 793 P.2d 170 (1990)
 

EMPLOYEES' RET. SYS. v. REAL ESTATE FIN.

No. 13800.

793 P.2d 170 (1990)

EMPLOYEES' RETIREMENT SYSTEM OF the STATE of HAWAII, Plaintiff-Appellant, v. REAL ESTATE FINANCE CORPORATION, Daniel R. Matsukage, Pacific Loan, Inc., Thrift Guaranty Corporation, Nathan H. Suzuki, Elmer J. Muraoka, Elaine F. Fukuda, and Jane K. Matsukage, Defendants, and Fidelity and Deposit Company of Maryland, Garnishee-Appellee, and Lloyds of London, G.T. Bowring & Co., (Insurance) Ltd., Underwriters at Lloyds London, Bankers Insurance Service Corp., Island Insurance Company, Limited and Transamerica Title Insurance Company, Garnishees.

Supreme Court of Hawaii.

May 23, 1990.

Attorney(s) appearing for the Case

H. William Burgess, Sp. Deputy Atty. Gen., Honolulu, for plaintiff-appellant.

Kelvin H. Kaneshiro (Wesley H.H. Ching, with him on brief; Reinwald, O'Connor, Marrack, Hoskins & Playdon, of counsel), Honolulu, for garnishee-appellee.

Before PADGETT, Acting C.J., HAYASHI, J., BURNS, Intermediate Court of Appeals Chief Judge, HEEN and TANAKA, JJ., Intermediate Court of Appeals in place of LUM, C.J., recused, and WAKATSUKI and MOON, JJ., disqualified, respectively.

PADGETT, Acting Chief Justice.

This is an appeal from orders discharging appellee Fidelity and Deposit Company of Maryland (appellee) as a garnishee and denying plaintiff-appellant Employees' Retirement System of the State of Hawaii's (appellant) motion for examination of the garnishee. We reverse.

The chronology of the pertinent documents filed in this case is as follows:

October 14, 1981 Complaint filed by appellant against Real Estate Finance Corporation...

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