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HEATHERLY v. HILTON HAW. VIL. JOINT VENT.

No. 16929.

893 P.2d 779 (1995)

78 Hawai`i 351

Richard HEATHERLY, Byron Hiyane, Robert Kong, Burt Kubota, Raymundo Lived, Phillip Losalio, Godfrey Maeshiro, Dennis Nakashima, Howard Taka, Lawrence Takara, Howard Yamane, individually and on behalf of those similarly situated; and Anthony Rutledge, as designated agent on behalf of designating persons and those similarly situated, Plaintiffs-Appellants, v. HILTON HAWAIIAN VILLAGE JOINT VENTURE, dba Hilton Hawaiian Village Hotel; WKH, Inc., dba Kahala Hilton Hotel; Pleasant Travel Services, Inc., dba Kona Hilton; Kyo-Ya Company, Ltd. Hotel Division, dba Moana/Surfrider Hotels, Princess Kaiulani Hotel, Royal Hawaiian Hotel, Sheraton Waikiki Hotel, and Sheraton Maui Hotel; Ohbayashi Hawaii Corp., dba Sheraton Kauai Hotel; Jowa Hawaii, Inc., dba The Ilikai; and Azabu U.S.A., Inc., dba Hyatt Regency Waikiki; Council of Hawai`i Hotels; and William C. Crawford, in his capacity as Executive Director of Council of Hawaii Hotels; Defendants-Appellees.

Supreme Court of Hawai`i.

As Amended on Partial Grant of Reconsideration May 17, 1995.

Attorney(s) appearing for the Case

T. Anthony Gill of Gill & Zukeran, Honolulu, for plaintiffs-appellants.

Richard M. Rand (Robert S. Katz with him on the brief; of Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington), Honolulu, for defendants-appellees.

Before MOON, C.J., KLEIN, LEVINSON and NAKAYAMA, JJ., and HEELY, Circuit Court Judge, in place of RAMIL, J., recused.

KLEIN, Justice.

The plaintiffs-appellants (the Bellhelp) are all bellhops of various hotels located throughout Hawai`i, with the exception of Anthony Rutledge (Rutledge), who is the Financial Secretary/Treasurer of Hotel Employees and Restaurant Employees, Local 5 (Local 5). The defendants-appellees (the Hotels) are hotels, or companies that own the hotels, which employ the Bellhelp.

The Bellhelp appeal from the first circuit court judgment, filed February...

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