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HEISER v. ASSOCIATION OF APARTMENT OWNERS

Civ. No. 92-00331 ACK.

848 F.Supp. 1482 (1993)

Tom HEISER, et al., Plaintiffs, v. ASSOCIATION OF APARTMENT OWNERS OF POLO BEACH CLUB, et al., Defendants.

United States District Court, D. Hawaii.

July 20, 1993.

Attorney(s) appearing for the Case

James Krueger and Peter T. Cahill, Krueger & Cahill, Wailuku, Maui, HI, for Tom Heiser, Nancy Heiser, Mark Daniel Heiser, and Nicholas Edward Heiser.

John T. Komeiji, Watanabe Ing & Kawashima, Honolulu, HI, for Association of Apartment Owners of the Polo Beach Club.

Shelton G.W. Jim On and Henry F. Beerman, Jim On & Beerman, Honolulu, HI, for Destination Resorts Management, Inc.

Deborah K. Wright and Keith D. Kirschbraun, Wright & Kirschbraun, Wailuku, Maui, HI, for Morris Aaron Lauterman and Judith Lee Lauterman.

ORDER DENYING DEFENDANT DESTINATION RESORTS MANAGEMENT, INC.'S MOTION TO DISMISS, DENYING DEFENDANTS MORRIS AND JUDITH LEE LAUTERMAN'S MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFFS' MOTION PURSUANT TO FED.R.CIV.P. 41(a)(2) DISMISSING DEFENDANTS MORRIS AND JUDITH LEE LAUTERMAN

KAY, Chief Judge.

I. BACKGROUND

Plaintiff Dr. Tom Heiser (Heiser), while vacationing at a condominium at Wailea/Makena, Maui, was injured during a boogie-boarding...

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