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BUDGET RENT-A-CAR SYSTEMS v. COFFIN

No. 19085.

922 P.2d 964 (1996)

82 Hawai`i 351

BUDGET RENT-A-CAR SYSTEMS, INC., Plaintiff-Appellant, v. Constance COFFIN, Defendant and Third-Party Plaintiff-Appellee, v. Ralph ROUBIQUE, Intervenor/Third-Party Defendant-Appellee.

Supreme Court of Hawai`i.

August 30, 1996.

Attorney(s) appearing for the Case

Carleton B. Reid and John T. Hassler of Reid, Richards & Miyagi, on the briefs, Honolulu, for plaintiff-appellant.

Stuart N. Fujioka and Greg Nishioka of Witherwax, Nishioka & Fujioka, on the briefs, Honolulu, for defendant-appellee Coffin.

Henry N. Kitamura and Peter B. Carlisle of Shim, Tam & Chang, on the briefs, Honolulu, for intervenor/third-party defendant-appellee Roubique.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

MOON, Chief Justice.

In this declaratory judgment action, plaintiff-appellant Budget Rent-A-Car Systems, Inc. (Budget) appeals from the Third Circuit Court's order granting summary judgment in favor of defendant and third-party plaintiff-appellee Constance Coffin. On appeal, Budget argues that the circuit court erred in granting summary judgment in favor of Coffin based on its conclusion that a use limitation provision in Budget's car rental contract with Coffin,...

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