NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28278




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





KOGA ENGINEERING & CONSTRUCTION, INC.,
Plaintiff-Appellee,

v.

STATE OF HAWAI‘I, Defendant-Appellant






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 01-1-3636)





ORDER DENYING DEFENDANT-APPELLANT STATE OF HAWAII'S
MOTION FOR RECONSIDERATION OF SUMMARY DISPOSITION ORDER
By: Foley, Presiding Judge, Fujise, and Leonard, JJ.)

Upon consideration of Defendant-Appellant State of Hawaii's April 2, 2009, Motion for Reconsideration of the Intermediate Court of Appeals' Summary Disposition Order filed on March 13, 2009, the memorandum in support of the motion, and the records and files in this case,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai‘i, April 6, 2009.

On the motion:

Dorothy Sellers,
Solicitor General,
Rebecca A. Copeland,
Deputy Solicitor General,
for Defendant-Appellant.