NO. 28250



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,
Plaintiff-Appellant,


v.



COUNTY OF HAWAI‘I; STEPHEN K. YAMASHIRO;
MICHAEL BEN; DONNA FAY K. KIYOSAKI; GEORGE YOSHIDA;
MILTON D. PAVAO; C.W. MAINTENANCE INC.; JULIA A. PAQUIN,
dba PACIFIC ALL AMERICAN; SPARKLE CLEANING; DOUGLAS A. GASKIN
dba DESIGN LANDSCAPE MGMT.; T. KOBAYASHI YARD MAINTENANCE;
and JOHN DOES 1-10; et al., Defendants-Appellees.





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIV. NO. 98-0244 (HILO))



ORDER DISMISSING APPEAL
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ)

Upon consideration of Plaintiff-Appellant United Public Workers, AFSCME, Local 646, AFL-CIO's motion to dismiss the appeal, the papers in support, and the records and files herein, it appears that: (1) the parties have reached a settlement, which was approved by the Circuit Court of the Third Circuit; (2) as part of the settlement agreement, Appellant is moving to dismiss its appeal pursuant to HRAP Rule 42(b). Therefore,

IT IS HEREBY ORDERED that Appellant's motion to dismiss the appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b). Each party shall bear its own attorney's fees and costs.

DATED: Honolulu, Hawai‘i, November 5, 2007.