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BOMBARDIER TRANSP. v. DIR., DEPT. OF BUDGET

No. CAAP-11-0000756.

289 P.3d 1049 (2012)

128 Haw. 413

BOMBARDIER TRANSPORTATION (HOLDINGS) USA INC., Plaintiff-Appellant, v. DIRECTOR, DEPARTMENT OF BUDGET AND FISCAL SERVICES, CITY AND COUNTY OF HONOLULU; Ansaldo Honolulu JV; Department of Commerce and Consumer Affairs, State of Hawai`i, Defendants-Appellees, and John Does 1-10, Jane Does 1-10, Doe Governmental Units 1-10, and Doe Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

October 17, 2012.

Attorney(s) appearing for the Case

Terry E. Thomason, Corianne W. Lau, Jessica Wong Lavarias (Alston Hunt Floyd & Ing), Honolulu, on the briefs, for Plaintiff-Appellant, Bombardier Transportation (Holdings) USA, Inc.

David J. Minkin, Kenneth J. Mansfield, Laura S. Lucas (McCorriston Miller, Mukai MacKinnon), Honolulu, on the briefs, for Defendant-Appellee, Ansaldo Honolulu JV.

Bert T. Kobayashi, Jr., Joseph A. Stewart, Jonathan S. Moore, Michael F. Albanese (Kobayashi, Sugita & Goda), Honolulu, Special Deputies Corporation Counsel, and Amy R. Kondo, Nicole R. Chapman, Deputies Corporation Counsel, City and County of Honolulu, on the briefs, for Defendant-Appellee, Director, Department of Budget and Fiscal Services, City and County of Honolulu.

FOLEY, Presiding Judge, FUJISE and GINOZA, JJ.

Opinion of the Court by FOLEY, J.

In this secondary administrative appeal arising out of a dispute under the State of Hawaii's (State) Procurement Code, Bombardier Transportation (Holdings) USA Inc. (Bombardier) appeals from the September 23, 2011 Judgment (Judgment) and September 16, 2011 "Order Denying Bombardier Transportation (Holdings) USA, Inc's Appeal And Affirming The August 5, 2011 Findings Of Fact, Conclusions Of Law, And Decision Of The Department Of Commerce...

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