NO. 25991
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
LEE WERNER, individually and as Special Administrator of the
Estate of the ESTATE OF STANLEY WERNER; GARY WERNER; MARK WERNER,
Plaintiffs-Appellants
vs.
FOSTER WHEELER CORPORATION, THE FLINTKOTE COMPANY, and OWENS-
ILLINOIS, INC., Defendants-Appellees
and
AcandS, INC.; ATLAS TURNER, INC., ARMSTRONG WORLD INDUSTRIES,
INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES LTD., GAF
CORPORATION, GARLOCK, INC., GASKET HOLDINGS, INC., GATKE
CORPORATION, JIM WALTER CORPORATION, KEENE CORPORATION, L.H.
BUTCHER COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, OWENS
CORNING, PARKER-HANNIFIN CORPORATION, PITTSBURGH CORNING
CORPORATION, PNEUMO ABEX CORPORATION, QUIGLEY COMPANY, QUINTEC
INDUSTRIES INC., RAPID-AMERICAN CORPORATION, T&NPLC, UNITED
STATES GYPSUM COMPANY, and DOE ENTITIES 1-500, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-0186)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that (1) a stipulation for dismissal
of the appeal was submitted but was not approved without prejudice on October
31, 2003, (2) this court informed appellants by letter dated December 5,
2003 that the time for filing the opening brief expired on November 1,
2003, and that, pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure,
the matter would be called to the attention of the court for such action
as the court deemed proper including
dismissal of the appeal, and (3) by letter dated December 9, 2003,
counsel for appellants indicated that all parties desire that this matter
be dismissed. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai`i, January 20, 2004.