NO. 27360



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



TOSHIO UCHIMA, Individually and as Guardian Prochein Ami for
HERMAN UCHIMA and DUSTIN UCHIMA, Minors; and YOKO UCHIMA,
Plaintiffs-Appellees


vs.


DURST CORP., Defendant-Appellant


and


ERECT-A-TUBE, INC.; ROTOR WING HAWAII, INC.; JOHN DOES 1-10 and
DOE ENTITIES 1-10, Defendants





APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 98-2949)




ORDER DENYING MOTION FOR RECONSIDERATION
(By: Nakayama, J. for the court (1))

Upon consideration of the motion for reconsideration of the October 21, 2005 order dismissing appeal, the papers in support and the record,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai`i, November 10, 2005.




1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.