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ECKARD BRANDES, INC. v. RILEY

Nos. 00-15474, 01-17307.

338 F.3d 1082 (2003)

ECKARD BRANDES, INC., Counter-claimant-Appellee, v. Randell A. RILEY; Lee T. Kunimitsu, Counter-defendants-Appellants, and Kamaaina Pumping, a Hawaii general partnership, Counter-defendant. Eckard Brandes, Inc., Counter-claimant-Appellee, v. Randell A. Riley; Lee T. Kunimitsu; Kamaaina Pumping, a Hawaii general partnership, Counter-defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2003.

Attorney(s) appearing for the Case

Junsuke Otsuka, Law Offices of Gary Y. Shigemura, Honolulu, Hawaii, for the counter-defendants-appellants.

Ernest H. Nomura, Kobayashi, Sugita & Goda, Lonborg, Nomura & Onaga, Honolulu, Hawaii, for the counter-claimant-appellee. relationship with employer.

Before: Mary M. SCHROEDER, Chief Judge, Arthur L. ALARCÓN, and Raymond C. FISHER, Circuit Judges.

Argued and Submitted November 5, 2002 — Honolulu, Hawaii.

OPINION

SCHROEDER, Chief Judge:

This run of the mill Fair Labor Standards Act case quickly became the unusual case of a claimed breach of the duty of loyalty owed by employees to their employer under state law, when the employees set up a competing business. The district court recognized that employees owe a duty of loyalty under Hawaii law...

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