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TERRITORY v. TR. EST. KANOA, DEC., ET ALS.

NO. 3005.

41 Haw. 358 (1956)

TERRITORY OF HAWAII, BY ITS ATTORNEY GENERAL, EDWARD N. SYLVA v. BISHOP TRUST CO., LTD., AN HAWAIIAN CORPORATION, TRUSTEE OF THE ESTATE OF KALEIPUA KANOA, DECEASED; LIHUE PLANTATION CO., LTD., GEORGE MALCOLM CONEY ET ALS.; ALL PERSONS CLAIMING RIGHTS IN THE SEA FISHERIES OF NAWILIWILI AND NIUMALU, ISLAND OF KAUAI, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided February 17, 1956.

Attorney(s) appearing for the Case

Clinton R. Ashford, Special Deputy Attorney General (Edward N. Sylva, Attorney General, with him on the briefs), for appellant.

Frank D. Padgett (Robertson, Castle & Anthony with him on the brief) for appellees Bishop Trust Co., Ltd., Trustee of the Estate of Kaleipua Kanoa, deceased.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE McGREGOR IN PLACE OF RICE, J., DISQUALIFIED.

OPINION OF THE COURT BY STAINBACK, J.

This case comes to this court upon an appeal from a judgment entered in the circuit court of the fifth judicial circuit of the Territory of Hawaii.

The action was one in eminent domain to condemn for the use of the citizens of the United States of America the private fishing rights in the sea fisheries at Nawiliwili and Niumalu. Private fishing rights were established by the predecessor...

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