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Liberty Dialysis-Hawaii, LLC v. Rainbow Dialysis, LLC

Supreme Court of Hawaii

July 16, 2013

LIBERTY DIALYSIS-HAWAII, LLC, a Delaware limited liability company, Petitioner/Appellant-Appellant/Cross-Appellee,
v.
RAINBOW DIALYSIS, LLC, a Delaware limited liability company, Respondent/Appellee-Appellee/Cross-Appellant, and STATE HEALTH PLANNING & DEVELOPMENT AGENCY, DEPARTMENT OF HEALTH, STATE OF HAWAI'I, an administrative agency of the State of Hawai'i, Respondent/Appellee-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CAAP-12-0000018; CIV. NO. 11-1-0532-03)

Michael L. Lam, Lisa K. Johnson, Daniel P. Collins, and Allison B. Stein for petitioner/appellant- appellant/cross-appellee

Recktenwald, C.J., Nakayama, and McKenna, JJ., with Acoba, J., dissenting, with whom Pollack, J., joins

ORDER DENYING MOTION FOR RECONSIDERATION

Upon consideration of Petitioner/Appellant-Appellant/ Cross-Appellee Liberty Dialysis-Hawaii, LLC's motion for reconsideration filed on July 8, 2013, and the records and files herein,

IT IS HEREBY ORDERED that the motion is denied.

DISSENT

Based on the concurring and dissenting opinion filed herein on June 27, 2013, I would respectfully grant the motion for reconsideration.


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