Kimball v. Raike (Order of Depublication)

NO. 20928

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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MARK KIMBALL, KEITH KIMBALL, and CRAIG ELEVITCH,

Plaintiffs/Counterclaim Defendants-Appellees,

vs.

DAVID RAIKE and SHAWN E. RAIKE,

Individually and as trustees of the RAIKE

IRREVOCABLE CHILDREN'S TRUST OF 1994,

Defendants/Counterclaimants-Appellants.

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APPEAL FROM THE THIRD CIRCUIT COURT

(CIV. NO. 94-200K)

ORDER OF DEPUBLICATION

(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

This court, having granted plaintiffs/counterclaim defendants-apppellees' motion for reconsideration of this court's August 9, 2002 published opinion in the above-captioned matter, and having vacated the opinion in its entirety via summary disposition order, filed concurrently herewith,

IT IS HEREBY ORDERED that the opinion filed in the above-captioned matter on August 9, 2002 is depublished. The clerk of the court shall promptly notify the applicable publishing companies and take all other appropriate steps to ensure that the opinion is depublished.

DATED: Honolulu, Hawai`i, March 8, 2004.