ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT
FONG, District Judge.
INTRODUCTION
On December 13, 1993 the court heard cross motions for summary judgment. Plaintiff Hawaii Electric Light Company ("HELCO") filed their motion for summary judgment on September 16, 1993; an amended motion was filed on September 20, 1993. Defendant International...
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