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KOGA ENGINEERING v. STATE

No. 28278.

222 P.3d 979 (2010)

KOGA ENGINEERING & CONSTRUCTION, INC., Respondent & Petitioner/Plaintiff-Appellee v. STATE of Hawai`i, Petitioner & Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

January 14, 2010.

Attorney(s) appearing for the Case

Rebecca A. Copeland, Deputy Solicitor General (Mark J. Bennett, Attorney General, Glenn I. Kimura, Michael Q.Y. Lau, and Sonia Faust, Deputy Attorneys General on the briefs; Mark J. Bennett, Attorney General, Dorothy Sellers, Solicitor General, and Rebecca A. Copeland, Deputy Solicitor General, on the application), for the State of Hawai`i.

Bert T. Kobayashi, Jr. (Ronald T. Ogomori, Nathan Yoshimoto, and Brendan S. Bailey on the brief; Bert T. Kobayashi, Jr., Christopher T. Kobayashi and Maria Y. Wang on the application and response) of Kobayashi Sugita & Goda, Honolulu, for Koga Engineering & Construction, Inc.

MOON, C.J, NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge KIM in place of RECKTENWALD, J., Recused.

Opinion of the Court by ACOBA, J.

On July 8, 2009, both Petitioner & Respondent/Defendant-Appellant State of Hawai`i (the State) and Respondent & Petitioner/Plaintiff-Appellee Koga Engineering & Construction, Inc. (Koga) filed separate Applications for Writ of Certiorari,1 requesting that this court review the judgment of the Intermediate Court of Appeals (the ICA) filed pursuant to its March 13, 2009 Summary Disposition Order...

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