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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 OWENSILLINOIS, 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

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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.

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