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HAWAII MOTORSPORTS v. CLAYTON GROUP SERVICES

Civ. No. 09-304 SOM/BMK.

693 F.Supp.2d 1192 (2010)

HAWAII MOTORSPORTS INVESTMENT, INC., a Hawaii corporation, and its limited partner, Hawaii Motorsports Center Limited Partners, Plaintiffs, v. CLAYTON GROUP SERVICES, INC., formerly known as Clayton Environmental Engineering and Clayton Environmental Consultants, Inc., now known as Bureau Veritas North America, Inc., a Delaware corporation doing business in Hawaii; Does 1-10, Defendants.

United States District Court, D. Hawai`i.

February 5, 2010.

Attorney(s) appearing for the Case

Margery S. Bronster, Sandra D. Lynch, Rex Y. Fujichaku, Bronster Hoshibata, Attorneys at Law, a Law Corporation, Honolulu, HI, for Plaintiffs.

Robert E. Badger, Jr., Scott C. Arakaki, Badger Arakaki Worsham, LLLC, Honolulu, HI, for Defendants.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

SUSAN OKI MOLLWAY, Chief Judge.

I. INTRODUCTION.

The parties dispute whether a contracting party owed certain duties to a nonparty to the contract. Plaintiffs Hawaii Motorsports Investment, Inc., and Hawaii Motorsports Center Limited Partners (collectively, "HMC") complain that an environmental assessment that Defendant Bureau Veritas North America, Inc, prepared was inaccurate and erroneous...

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