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TMJ HAWAII, INC. v. NIPPON TRUST BANK

No. 25588.

153 P.3d 444 (2007)

TMJ HAWAII, INC., a Hawai`i corporation, Plaintiff-Appellant, v. NIPPON TRUST BANK, aka Nihon Shintaku Bank, a Japanese corporation, and Kelley Drye & Warren, a New York general partnership, and Kelley Drye & Warren LLP, a New York limited liability partnership, Defendants-Appellees.

Supreme Court of Hawai`i.

January 31, 2007.

Attorney(s) appearing for the Case

Edward J. Bybee, on the briefs, Honolulu, for plaintiff-appellant.

George T. Okamura of George T. Okamura, AAL, ALC, Honolulu, and James N. Duca of Kessner Duca Umebayashi Bain & Matsunaga, on the briefs, Honolulu, for defendant-appellee Nippon Trust Bank, aka Nihon Shintaku Bank.

Robert J. Smolenski of Smolenski & Wooddell, on the briefs, Honolulu, for defendant-appellee Kelley Drye & Warren LLP.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by NAKAYAMA, J.

The corpus of the question presently before this court concerns the validity of a written instrument, executed on September 15, 1994, by which Ishimura Building Co., Ltd. ("Ishimura Building") purported to assign its claims against Nippon Trust Bank ("NTB") and Kelley Drye & Warren ("KDW") to TMJ Hawaii, Inc. ("TMJ").

According to the September 15, 1994 assignment, TMJ filed...

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