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LUM v. DONOHUE

Nos. 24106, 24418.

70 P.3d 648 (2003)

101 Hawai`i 422

Bernard K.B. LUM, and Hester T. Lum, Movants-Appellees, v. Lee D. DONOHUE, Chief of Police, City and County of Honolulu, Respondent-Appellant, and Dai-Tokyo Royal Insurance Company, Inc., Intervenor-Appellee. and George Grace, III, dba Commercial Equipment Services, Movant-Appellant, v. Lee D. DONOHUE, Chief of Police, City and County of Honolulu, Respondent-Appellee, and First Insurance Company of Hawai'i, Ltd., Intervenor-Appellee.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted June 2, 2003.

As Amended June 5, 2003.

As Corrected June 19, 2003.

Attorney(s) appearing for the Case

Eric A. Seitz, and Lawrence I. Kawasaki, on the briefs, Honolulu, for movants-appellees Bernard K.B. Lum and Hester Lum, in No. 24106, and for movant-appellant George Grace, III, in No. 24418.

Paul T. Tsukiyama, Deputy Corporation Counsel, City and County of Honolulu, on the briefs, for respondent-appellant Lee D. Donohue, Chief of Police, City and County of Honolulu, in No. 24106, and for respondent-appellee Lee D. Donohue, Chief of Police, City and County of Honolulu, in No. 24418.

BURNS, C.J., LIM and FOLEY, JJ.

Opinion of the Court by LIM, J.

Two cases are presented on appeal (Nos. 24106 (S.P. No. 00-01-0167) & 24418 (S.P. No. 00-01-0493)) involving similar situations and raising related legal issues. We consolidate them for disposition purposes. Hawai'i Rules of Appellate Procedure Rule 3(b) (West 2002).

In the former case (the Lum case), Respondent Lee D. Donohue, Chief of Police, Honolulu Police Department, City and County of Honolulu (HPD), appeals...

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