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KOLE v. AMFAC, INC.

Civ. No. 85-0504.

665 F.Supp. 1460 (1987)

Daniel KOLE and Anita Kole, Plaintiffs, v. AMFAC, INC., a Hawaii corporation, Kaanapali Royal Associates, a Hawaii general partnership, The Association of Apartment Owners of Kaanapali Royal, a Hawaii general partnership, Roy A. Ellis, III, Jim Gallagher, Mokulani Venture, a Hawaii joint venture, Mid-Continent Builders, Inc., an Illinois corporation, Defendants.

United States District Court, D. Hawaii.

June 17, 1987.

Attorney(s) appearing for the Case

James Krueger, Steven M. Frei, Wailuku, Maui, Hawaii, for Daniel and Anita Kole.

David W. Lo, Victoria I. Chau, Honolulu, Hawaii, for Ass'n of Apartment Owners of Kaanapali Royal.

Stephen B. MacDonald, Cades Schutte Fleming & Wright, Honolulu, Hawaii, for Amfac, Inc.

Libkuman, Ventura, Ayabe & Hughes, Ronald D. Libkuman, Colleen K. Hirai, Honolulu, Hawaii, for Kaanapali Royal Associates.

Walter Davis, Honolulu, Hawaii, for Jim Gallagher and Mokulani Venture.

Richard C. Sutton, Jr., Honolulu, Hawaii, for Jim Gallagher.

ORDER GRANTING AMFAC'S MOTION FOR PARTIAL SUMMARY JUDGMENT

KAY, District Judge.

Defendant Amfac's Motion for Partial Summary Judgment came on for hearing on May 4, 1987. The court, having reviewed the motion and memoranda in support thereof and in opposition thereto, having heard the oral arguments of counsel, and being fully apprised therein, finds as follows:

Kaanapali Royal is a condominium along the edge of the Kaanapali Golf Course. Amfac allegedly...

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