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FASI v. LAND COMMISSIONER ET ALS.

NO. 3072.

41 Haw. 461 (1956)

FRANK F. FASI v. SAMUEL WILDER KING, GOVERNOR, TERRITORY OF HAWAII, EDWARD N. SYLVA, ATTORNEY GENERAL, TERRITORY OF HAWAII, A.D. CASTRO, CHAIRMAN, BOARD OF PUBLIC LANDS, TERRITORY OF HAWAII, AND MARGUERITE K. ASHFORD, COMMISSIONER OF PUBLIC LANDS, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Argued September 21, 1956.

Decided October 4, 1956.

Attorney(s) appearing for the Case

J. Harold Hughes (also on the briefs) for plaintiff-appellant.

William F. Quinn (Robertson, Castle & Anthony on the briefs) for intervener-appellee, Foremost Dairies-Hawaii, Limited.

Robert K. Fukuda, Deputy Attorney General (Edward N. Sylva, Attorney General, Morio Omori and Kazuyoshi Akita, Deputies Attorney General, on the briefs), for defendants-appellees.

RICE, C.J., MARUMOTO, J., AND CIRCUIT JUDGE TASHIRO IN PLACE OF STAINBACK, J., DISQUALIFIED.

OPINION OF THE COURT BY MARUMOTO, J.

This is an appeal by plaintiff from an order revoking the prior order of the court on plaintiff's motion for issuance of temporary restraining order and an order dismissing plaintiff's complaint on motions to dismiss filed by defendants and intervener.

On August 9, 1955, the commissioner of public lands published notice of sale of two lots of public lands in Honolulu, designated as parcels 5 and 6 of Keehi Industrial Lots...

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