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PANCAKES OF HAWAII v. POMARE PROPERTIES

No. 19370.

944 P.2d 83 (1997)

85 Hawai`i 286

PANCAKES OF HAWAII, INC., a Hawai`i corporation, dba Maui Original Pancakes & Steak House, Plaintiff/Counterclaim Defendant, v. POMARE PROPERTIES CORPORATION, a Hawai`i corporation, Defendant/Counterclaimant Cross-Claim Defendant-Appellant, Sofos Realty Corporation, a Hawai`i corporation, and Lee Carter, Defendants/Cross-Claim Plaintiffs-Appellees.

Intermediate Court of Appeals of Hawai`i.

July 31, 1997.

Attorney(s) appearing for the Case

Jerry M. Hiatt, Carl H. Osaki, and Mahilani E. Kellett (Bays, Deaver, Hiatt, Lung & Rose, of counsel), on the brief, Honolulu, for defendant/counter-claimant/cross-claim defendant-appellant.

William S. Miller, Margaret J. Leong and Richard H.S. Sing (Goodsill Anderson Quinn & Stifel, of counsel), on the brief, Honolulu, for defendant/cross-claim plaintiffs-appellees Sofos Realty Corporation and Lee Carter.

BURNS, C.J., and KIRIMITSU, J., and Circuit Judge MARKS in Place of WATANABE, J., Recused.

KIRIMITSU, Judge.

In this contractual indemnity and attorney's fees and costs case, Defendant/Counterclaimant/Cross-Claim Defendant-Appellant Pomare Properties Corporation, a Hawai`i corporation (Pomare Properties), appeals from the Second Circuit Court's October 31, 1995 judgment. The relevant portion of the judgment granted summary judgment on Pomare Properties' duty to defend in favor of Defendants/Cross-Claim Plaintiffs-Appellees Sofos Realty Corporation, a Hawai...

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