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FEE SIMPLE, INC. v. COLONY SURF, LTD.

Civ. No. 86-1112.

691 F.Supp. 244 (1988)

FEE SIMPLE, INC., a Delaware corporation, Plaintiff, v. COLONY SURF, LTD., a Hawaii corporation; Frank E. Walton; Paul B. Slater; and Mary Jane Jocelyn, Third-Party Plaintiff, Colony Surf Development Corporation, a Hawaii corporation and Charles John Barkhorn, Jr., Third-Party Defendants.

United States District Court, D. Hawaii.

January 21, 1988.

Attorney(s) appearing for the Case

James Stubenberg, Steven Shinn, Jona-than Durrett, Honolulu, Hawaii, for plaintiff.

William M. Swope, Patricia U. Wong, Cades Schutte Fleming & Wright, Honolulu, Hawaii, for Colony Surf, Ltd., Frank Wilson, Paul Slater and Mary Jane Jocelyn.

James Sattler, Robert Scarlett, Honolulu, Hawaii, for Colony Surf, John Backhorn.

ORDER DENYING MOTION TO DISMISS COUNTERCLAIM FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED AND FOR FAILURE TO PLEAD WITH PARTICULARITY AND/OR FOR SUMMARY JUDGMENT

KAY, District Judge.

I.

Plaintiff moves the Court to dismiss Defendant's counterclaim on the grounds that Defendant has failed to state a claim upon which relief can be granted and has failed to plead with specificity its elements of damages and the alleged acts of fraud...

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